What Are Your Rights Under Federal Law:

Federal Credit Reporting Rights (FCRA)

Under FCRA, codified at 15 U.S.C. § 1681 - 1681x, you have several important rights regarding your credit report:

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1. Accuracy: You have the right to ensure that your credit report is accurate and free of errors. If you find any inaccuracies, you can dispute them with the credit reporting agencies and furnisher of this information.

2. Dispute Resolution: If you identify incorrect or incomplete information on your credit report, the FCRA provides you with the right to dispute it. The credit reporting agency must investigate your dispute and correct any inaccuracies within 30 days.

3. Access: You are entitled to one free credit report every 12 months from each of the 3 major credit reporting agencies: Equifax, Experian, and TransUnion.

4. Consent: Your credit report can only be accessed by third parties with your consent, typically given when you apply for credit, employment, insurance, or rental housing.

5. Adverse Action Notices: If you are denied credit, insurance, or employment based on information in your credit report, you have the right to be informed and to receive a copy of the credit report used in the decision.

6. Identity Theft Protections: If you are a victim of identity theft, you can place fraud alerts and credit freezes on your report to prevent further fraudulent activity.

7. Civil Remedies: Federal law provides strong remedies for consumers who are harmed by violations of the FCRA, including the ability to sue for damages.

 

What Are Your Rights Under California Law:

California Credit Reporting Rights (CCRAA)

California’s CCRAA, codified at California Civil Code § 1785.1 - 1785.36, provides additional protections and rights:

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1. Enhanced Accuracy Standards: Credit reporting agencies in California must follow stringent procedures to ensure the maximum possible accuracy of the information they report.

2. Consumer Disclosure: In addition to the federal annual free report, California residents are entitled to a free credit report within 60 days of a credit denial or other adverse action.

3. Security Freezes: You can place a security freeze on your credit report, which restricts access to your credit report by creditors, making it harder for identity thieves to open accounts in your name.

4. Notice of Negative Information: If a lender reports negative information to a credit reporting agency, they must notify you within 30 days.

5. Civil Remedies: California law provides strong remedies for consumers who are harmed by violations of the CCRAA, including the ability to sue for damages.

 

How We Can Help​!

Navigating the complexities of federal and state credit reporting laws can be challenging. At Armas & Joseph, our experienced attorneys specialize in credit reporting laws and are dedicated to helping you understand and exercise your rights. We can:

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• Evaluate Your Case: Determine whether your rights under the FCRA and CCRAA have been violated.

• Disputing Inaccuracies: Take immediate action to stop dispute inaccurate information on your credit report.

• Credit Report Corrections: Assist you in correcting any erroneous entries on your credit report.

• Seek Compensation: Pursue damages and legal remedies available under federal and state law, including for actual damages, statutory damages, injunctive relief, and attorney fees. Most often we take these cases on contingency – meaning we will only get paid if we are successful and by the business violating your right.

 

Contact Us

If you have any concerns about your credit report or believe your rights have been violated, do not hesitate to contact us for a free consultation. Let Armas & Joseph be your advocate in safeguarding your financial reputation.

 

Disclaimer: This website description is for informational purposes only and does not constitute legal advice. For personalized legal assistance, please consult with an attorney.