Legal Question in Consumer Law in Alabama

Re: Consumer Action

Yes, the credit bureau can be sued if you have disputed the matter with the credit bureau and after their investigation they continued to report the false information, which it sounds like you have done.

Unfortunately, this happens quite often, and Experian is often one of the worst offenders.

I would be happy to talk to you about this matter.

Re: Consumer Action

We're sorry this has happened to you. In short, yes, you and your husband do have rights. Those rights are outlined under a federal statute called the Fair Credit Reporting Act (FCRA) that governs credit reporting agencies.

Based on what you have posted, what they have done is clearly a violation of the law. The law requires them to do a reasonable investigation to verify the truth of the information they are reporting, which they appear not to have done.

You also have what is called a "reinsertion" claim for their allowing the false information to be reinserted into your husband's credit report.

The only way to enforce these rights is to take legal action. We would be happy to meet with you do discuss your situation. If you want to read more about the FCRA and your rights visit our website at www.alabamaconsumer.com.

Re: Consumer Action

To answer your question - yes you can sue the credit bureau Experian.

When a credit bureau puts wrong information on your report and then corrects it, there are specific rules about "reinsertion" that must be followed before the information can be put on there again. You must be notified in writing 5 days before the information is "reinserted" - this never happens in our experience.

The credit bureau must take special steps to make sure the reinserted information is accuarate. The fact that you disputed a SECOND time should have fixed this. Since it didn't, as Stan mentioned, your only real choice is to sue Experian to force them to follow the law.

A possible explanation for what happened is a result of how the system works. Experian normally uses "public record vendors" - these are companies that search the public records (such as judgments) and then send the reports to Experian. These types of companies often make mistakes. You disputed it and the mistake was corrected.

Well, the records vendor probably was doing another review of the court filings in your county and saw the judgment so it was sent to Experian again.

When you disputed it, all Experian likely did was to request the vendor to check out your dispute. They quite likely only did a cursory review and just saw the original judgment. If they had truly investigated it, the vendor would have seen the "removal" of the judgment.

I had a trial set today but it has been settled. Please feel free to email me at [email protected] and give me a good time to reach you today or you can call me directly.

You may want to read more about credit reporting errors at our blog - http://www.alabamaconsumerlawblog.com/credit_report_errors/

Best of luck and we look forward to speaking with you at your convenience to help you.

John Watts

www.alabamaconsumer.com

www.alabamaconsumerlawblog.com