Sixth Circuit Court of Appeals Victory
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- Sixth Circuit Court of Appeals Victory
Experian’s Refusal to Do Right By Consumers and the Law Blows Up in Its Face!
Processing huge amounts of data is mindblowing, but it still needs to be accurate. Every consumer has a legal right to accurate data. This Appeals Court victory represents our commitment to justice.
In a recent decision, the United States Court of Appeals for the Sixth Circuit reversed a lower court's decision in favor of Experian Information Solutions (Experian), marking a significant win for consumer rights. In the case of Berry v. Experian Info. Sols., Inc., our client, Adam N. Berry, alleged that Experian violated the Fair Credit Reporting Act (FCRA) by reporting inaccurate information about his spousal and child support obligations, even after he provided court orders proving otherwise.
The District Court initially sided with Experian, but on appeal, the Sixth Circuit recognized that Berry had sufficiently argued that Experian failed to use reasonable procedures to ensure the accuracy of its reports and did not properly reinvestigate the dispute.
This case underscores the critical role of accurate credit reporting and the responsibility of consumer reporting agencies (CRAs) to follow the law, recognize consumer rights, and act appropriately when a report is inaccurate. As one of the nation’s three largest CRAs, Experian (along with TransUnion and Equifax) is one of the so-called “credit bureaus.” This moniker symbolizes the power it wields in our credit and financial sectors.
Credit reports can and do directly and profoundly impact consumers’ lives. Inaccuracies and the failure to adequately investigate or correct them once they’re in dispute can be life-changing for the real people on the other end of these corporate machines. This outcome is a reminder that no company, not even giants like Experian, is above the law regarding their obligations under the FCRA. It's a win not just for Mr. Berry, but for all consumers who have been negatively impacted by credit reporting errors that the agencies refuse to correct.
This victory is particularly important because it sends a clear message to consumer reporting agencies (CRAs) that their responsibilities do not end when a dispute is raised. It highlights the importance of a thorough and fair reinvestigation process when consumers provide evidence of inaccuracies. In Mr. Berry’s case, he presented court orders showing that the reported information was incorrect, yet Experian failed to take the necessary steps to correct its errors. This type of negligence can have serious consequences for individuals like Mr. Berry, potentially affecting their ability to obtain loans, secure housing, or even find employment.
Credit reports play a critical role in shaping the financial opportunities available to consumers. As one of the nation’s three largest CRAs, Experian (along with TransUnion and Equifax) wields significant power in the credit and financial sectors. A single error on a credit report can derail someone’s financial future, resulting in higher interest rates, denied credit applications, or difficulties in finding housing. When these credit bureaus fail to correct errors, even after receiving clear evidence, it causes undue stress and financial hardship for individuals. This case underscores the critical role of accurate credit reporting and the responsibility of CRAs to follow the law, recognize consumer rights, and act appropriately when a report is inaccurate.
This win also serves as a crucial reminder for consumers everywhere: you have rights! One of those rights is the right to challenge inaccuracies on your credit report. Too often, consumers are led to believe they are powerless in the face of large corporations. But as this case shows, you can fight back—and with the proper support, you can win.
We are incredibly proud that our very own Tarek Chami leading the charge in holding Experian accountable for the harm it caused his client. Tarek's tireless work and dedication to the case exemplify what Consumer Attorneys is all about—fighting for the rights of individuals against powerful entities. Tarek’s advocacy made a real difference in this case, and this type of commitment to our clients sets Consumer Attorneys apart. Tarek’s work embodies our core mission: standing up for real people mistreated by corporations and ensuring their voices are heard in court. It’s clear that Mr. Berry’s voice will now resonate for some time in the halls of the CRAs.
At Consumer Attorneys, we only represent you; we never represent the companies and employers who hurt you. We’re incredibly proud of that, too.
Tarek Chami is a Senior Associate at Consumer Attorneys. Tarek previously acted as Of Counsel for a national consumer protection law firm where he handled hundreds of consumer protection cases. Read more
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