Credit and Bankruptcy Law


If a credit reporting agency unfairly refuses to correct a mistake, can you sue?

Yes, most courts have held that the Fair Credit Reporting Act (FCRA) enables individuals to sue. In the law, this is called a private right of action. In order to make a claim under the FCRA, a consumer must establish the following factors:

  1. The inclusion of inaccurate information in the credit report;

  2. the inaccuracy caused by the consumer reporting agency’s failure to follow reasonable procedures to assure accuracy;

  3. injury;

  4. the injury caused by the inaccuracy of the credit report.


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