FCRA violations list: the 14 we see most often

The Fair Credit Reporting Act puts duties on three kinds of companies: credit bureaus, the lenders and collectors that report to them, and the companies that use your report. Here are the violations that come up most, and the section of the law each one breaks.

Credit bureaus (Equifax, Experian, TransUnion, and specialty agencies)

Reporting information that isn't accurate. Bureaus must follow reasonable procedures to assure "maximum possible accuracy" of what they report. (§ 1681e(b))
Mixing your file with someone else's. Accounts, addresses, or public records that belong to a person with a similar name or Social Security number. A "mixed file" is one of the most common accuracy failures. (§ 1681e(b))
Not reasonably reinvestigating a dispute. A dispute has to be investigated, not just forwarded and rubber-stamped. (§ 1681i(a)(1))
Missing the 30-day deadline. The reinvestigation generally has to finish within 30 days, or 45 days in some cases where you send more information during that period. (§ 1681i(a)(1))
Not telling you the results. The bureau has to send you written results within 5 business days after it finishes. (§ 1681i(a)(6))
Putting deleted information back. If something removed after a dispute is reinserted, the furnisher has to certify it's accurate and the bureau has to notify you within 5 business days. (§ 1681i(a)(5)(B))
Reporting information that's too old. Most negative items must come off after 7 years; most bankruptcies after 10. (§ 1681c)
Not blocking identity theft information. With an identity theft report and proof of identity, the bureau generally has to block the fraudulent items within 4 business days. (§ 1681c-2)
Refusing to give you your own file. You're entitled to a copy of everything in your file, and to free reports on a regular schedule. (§§ 1681g, 1681j)

Lenders, card issuers, and collectors that report to the bureaus

Not investigating after the bureau forwards your dispute. Once a furnisher gets notice of your dispute from a bureau, it has to conduct a reasonable investigation and correct or delete what it can't verify. This is the duty consumers can usually sue over. (§ 1681s-2(b))
Continuing to report something it knows is wrong. (§ 1681s-2(a))
Not marking a disputed account as disputed. (§ 1681s-2(a)(3))

Why the route matters. The furnisher duties in § 1681s-2(a) are enforced by regulators, not by private lawsuits. The investigation duty in § 1681s-2(b) only kicks in after you dispute through the credit bureau. That's why disputing with the bureau, not just the lender, matters.

Employers, landlords, and anyone else who pulls your report

Pulling your report without a permissible purpose. A company needs a legally recognized reason, such as a credit application you made, before it can access your report. (§ 1681b)
Skipping the employment disclosure and consent. Before getting a background report for a job, an employer must give you a clear, stand-alone written disclosure and get your written permission. Before rejecting you based on it, the employer must give you a copy of the report and a summary of your rights. (§ 1681b(b))

Not sure yours counts?

Most violations start with an error you can document: a dispute letter, the bureau's response, and the report before and after. Keep every envelope and every page. The paper trail is what turns "they got it wrong" into a claim.

Three ways to get this fixed

Everything on this site you can do yourself, for free. If you'd rather have help, pick the path that fits.

Have it handled for you

BCR Consulting prepares and sends disputes on your behalf and tracks every deadline.

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Do it yourself, with software

The Deletion Machine walks you through disputes step by step and keeps your paper trail organized.

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Talk to a consumer attorney

If a violation cost you a loan, a job, or an apartment, or it keeps happening, a consumer attorney can tell you what the claim is worth.

Find an attorney (NACA)

FCRA violations list: the 14 we see most often

Credit bureaus (Equifax, Experian, TransUnion, and specialty agencies)

Lenders, card issuers, and collectors that report to the bureaus

Employers, landlords, and anyone else who pulls your report

Three ways to get this fixed

Have it handled for you

Do it yourself, with software

Talk to a consumer attorney

Not sure which? Tell us what happened.

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