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Every day, many consumers’ rights are being violated by individuals and big corporations. Banks, lenders, employers, debt collectors, credit repair agencies, so on and so forth. Many consumers have to face these institutions and individuals by themselves, not realizing there are laws enacted to protect them and their livelihood.

It is important that you educate yourself on your rights when dealing with these people and corporations. Knowing the law can save you hundreds, if not thousands of dollars, while also retaining your peace of mind and dignity.

It is crucial that you get a trusted consumer rights attorney on your side, if you feel that your rights have been violated. And it is of no cost to you as we offer free case reviews. We get paid, when you do. So contact us now, or fill out our online form to represent you in consumer matters.

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Under the Federal Credit Reporting Act, credit report errors can be disputed. Click here to learn more.

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How to Remove Medical Bills from Your Credit Report

How to Remove Medical Bills from Your Credit Report

Credit scores are tarnished in a variety of ways. For some, the low score is a result of negligence and overspending, but for others, the reasons are often completely out of their control. There are cases where consumers with a solid history of on-time payments and responsible financial behavior suddenly have a solid credit track record destroyed due to an unforeseen medical event.

Even those who are gainfully employed with adequate health insurance coverage can fall prey to this predicament in some extreme circumstances, where costly surgeries or extensive medical treatments and medications are required to address a serious health concern. This is disheartening, to say the least.

The healthiest among us need to be prepared when it comes to high medical bills and our credit, and you should arm yourself with the facts now, so you are prepared to protect your credit score if this situation arises.

 

We have the tools to help you fix your credit report problems.

 

Call now for more information and for a credit report consultation at (718)-674-1245 or sign up online.

Writing a Dispute Letter to Credit Reporting Agencies

The Fair Credit Reporting Act requires that you request “reinvestigation” of disputed items before suing an entity that has provided an inaccuracy to a credit reporting agency. This is a “last chance” letter, giving both the credit furnishers and the credit reporting agencies the ability to fix the problem.

Writing a Dispute Letter to Credit Reporting Agencies

It is important to dispute inaccurate information with both the credit reporting company that created the report and the company that first reported the inaccurate information, often called the furnishing company

See files: click here.

How to Submit your Dispute Letter

You can contact the nationwide credit reporting companies online, by mail, or by phone. When disputing, refer to your credit report so that you can correctly and fully identify the information that you are disputing. Your report contains a consumer identification or report number that should be included with your dispute to allow the credit reporting company to identify you. There is no charge for submitting a dispute. Ensure the error has been removed by requesting confirmation from the consumer reporting company.

 

Online and phone disputes

EQUIFAX Online: ai.equifax.com/CreditInvestigation 

By phone: Phone number provided on credit report or (800) 864-2978

EXPERIAN Online: experian.com/disputes/main.html 

By phone: Phone number provided on credit report or (888) 397-3742 

TRANSUNION Online: dispute.transunion.com/dp/dispute/ landingPage.jsp 

By phone: (800) 916-8800 

 

Disputes by mail: 

Writing a Dispute Letter to Credit Reporting Agencies

You can download each company’s dispute form or use the letter included in this guide, which provides the credit reporting company with enough information to identify you and the specific accounts or tradelines that you are disputing. To make it easier to identify the items that you are disputing, consider including a copy of your credit report with these items marked or circled. You may also wish to include copies of any supporting documentation, such as a statement from your lender, which demonstrates the incorrect information you are disputing. 

How to use the template: 

  1. In the sample letter, fill in your personal information. Edit the information in [brackets] to address the specific inaccuracies that you are disputing. Note that requirements may vary by company, so it’s always good to double check with each company to ensure you are providing all of the information they require.
  2. List each item on your report that you believe is inaccurate, the account number and the specific reason you feel the information is incorrect. 
  3. Print and mail the letter along with one copy of a government issued identification card, (such as a driver’s license or state ID card, etc.), and one copy of a utility bill, bank or insurance statement, etc. You can find the address for the three nationwide credit reporting companies below: 

 

EQUIFAX 

Download the dispute form at files. consumerfinance.gov/f/documents/092016_cfpb_ CreditReportingDisputeLetter.docx.

Mail the dispute form with your letter to: 

Equifax Information Services LLC

P.O. Box 740256

Atlanta, GA 30374

EXPERIAN 

Download the dispute form at files. consumerfinance.gov/f/documents/092016_cfpb_ CreditReportingDisputeLetter.docx. 

Use the address provided on your credit report or mail your letter to: 

Experian 

P.O. Box 4500 

Allen, TX 75013

TRANSUNION 

Download the dispute form at files. consumerfinance.gov/f/documents/092016_cfpb_ CreditReportingDisputeLetter.docx. 

Mail the dispute form with your letter to: 

TransUnion LLC Consumer Dispute Center 

P.O. Box 2000, 

Chester, PA 19016 

4. You may consider “return receipt requested,” for proof that the credit reporting company received it. Keep a copy of the letter for your records. If you send any information with the letter, send copies and keep your originals.

If you need help with these or other consumer rights issues, give us a call at (718) 674-1245  or use our contact form here.

Impermissible Access to Credit Reports

Impermissible Access to Credit Reports

Whether you are a college student looking to apply for a credit card, someone looking to rent a car, or merely someone trying to get a job, you should be aware about your credit history and who has the ability to pull your report. This is because the Federal Credit Reporting Act, or the FCRA, allows Landlords, Utility Companies, Employers, and Insurance Companies to all check your credit report- and when dealing with any one of these, it is possible that they will exercise this right. However they must have “permissible access”, which includes and is limited to the following:

  • Applications for Credit

  • Loan Application

  • Mortgage Application

  • Employment Background Check

  • Insurance Application

  • Creditor Status Check

  • Collection Agency of Creditor

It is important to know that all other instances, according to the FCRA, are impermissible. Your employer cannot check your credit report without your permission. It cannot be used against you during a divorce, lawsuit, or other (non-credit) legal proceeding. Even a credit company is not allowed to pull a report on you if you are merely just an authorized user, and not the owner of a credit card the company owns.

Remedies

If you believe that your Credit Report has been pulled without your permission illegally, you may be eligible for some monetary remedies. Firstly, you may be able to sue the person or company in state or federal court for damages. In order to do so you must first ascertain the kind of violation that has occurred: Willful Violation or Negligent Violation.

In cases of a willful violation, it must be proved that the Agency you are suing acted recklessly and that they should have known better, not necessarily that the Agency actually knew they were violating your rights. Essentially, it must be proven that the Agency acted in a way when they should have known that said actions were in violation of the FCRA. If the agency is found to be in willful violation, you may be eligible for Basic Damages, which are provable monetary damages caused by the violation; this has no limits. The other option is Statutory Damages between $100 and $1000. In order to be eligible for Statutory Damages, you do not have to prove that the violation actually harmed you in any way, it is merely enough to prove that the violation occurred, however, you must choose between Basic and Statutory Damages, you cannot have both. If the violator was a person, you are eligible for Basic Damages, which again has no limit, or $1000- whichever one is higher. Aside from Basic and Statutory Damages, you may also be eligible for punitive damages, which are decided by the court, and also the attorney’s fees and costs.

In cases of negligent violation, you must be able to prove that the Agency acted negligently, and thus failed to comply with the FCRA. Essentially it must be proven that any other normal Agency or organization, would not have acted the same way the Agency you are suing did; on top of this, a causal relationship must be established between the negligence and the harm you experienced. In cases of negligent violation, you are eligible for the actual damages (no minimum or maximum), and the attorney’s fees and costs.

If you believe your credit reports have been illegally accessed, as outlined by the FCRA, act fast! There is a statute of limitations to these kinds of cases, meaning that there is a time limit to when you can bring the case into court. Usually, it is five years after the initial date of violation, however, if you just found out of the violation, and it has been longer than five years, don’t worry, as you can still file the case within two years of discovery.

For more information and to schedule a free consultation, call The Tariq Law Firm, PLLC at (718)-674-1245 or email here.

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Consumer’s rights are violated every day by big corporations and employers, and it is imperative that you get a trusted Consumer Rights Attorney on your side to help you fight for damages you are entitled to. We provide free case reviews, and we do not take a single dime from you! When you win, we win! Get in touch with us today!

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