Experian Tenant Screening Dispute: When and How to File
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Experian Tenant Screening Dispute: When and How to File
Experian RentBureau: Inaccurate Tenant Reports, Inadequate Dispute Process, and Consumer Rights Violations
Experian RentBureau is an Experian service recognized as the largest and most widely used rental payment database in the United States. Here are some key statistics highlighting its scale and impact:
• 36 Million+ Renter Profiles: The database encompasses over 36 million individual renter profiles, providing comprehensive insights into rental payment behaviors.
• 10,000+ Data Furnishers: More than 10,000 property management companies, electronic rent payment services, and collection agencies contribute data to RentBureau, ensuring a broad and diverse dataset.
• Over 4.4 Million Rental Transactions per month: The system processes more than 4.4 million rental industry transactions monthly, reflecting its extensive reach in the rental market.
• Daily, real-time updates: RentBureau’s database is refreshed daily, providing up-to-date information on renters’ payment histories.
These figures underscore Experian RentBureau’s significant role in the rental housing industry, aiding property managers in making informed leasing decisions and helping renters build their credit profiles through consistent rent payments.
Experian is regulated by the Fair Credit Reporting Act, which requires the company to ensure the maximum possible accuracy of the information it includes in consumer reports, including tenant screening reports. Under the FCRA, Experian is also obligated to investigate and address any inaccuracies promptly when a consumer files a dispute. Failure to correct false or outdated information can lead to serious consequences for the consumer and potential legal liability for Experian.
Experian RentBureau Tenant Screening Mistakes
Incorrect Rental Payment History: Rent payments may be inaccurately reported, such as marking a payment as late when it was made on time, or failing to report a paid-off balance altogether. This can negatively affect a tenant's rental history and creditworthiness.
Inaccurate Eviction and Criminal Records: In cases of mixed credit files, Experian RentBureau may mistakenly report evictions or criminal records that belong to someone else, unfairly impacting your rental prospects. Additionally, eviction records that are reported incorrectly or should not be included at all can significantly harm your ability to secure rental housing. Similarly, inaccuracies in criminal history, such as outdated or incorrect records, can also pose barriers to renting, as landlords may view these as red flags despite them not reflecting your actual history.
Experian Tenant Screening Dispute Process
While it may seem that filing a dispute with Experian RentBureau is simple and can be quickly done online, this is not always the case. If you noticed a mistake in your credit history or Experian or Experian RentBureau reported a criminal case that does not belong to you, it may have a significant impact not only on your current housing application but also spread and affect your credit reports from the other bureaus, as well as insurance and employment background checks.
It is important to take the right steps and gather necessary documentation and details about the inaccuracy that impacts your rent application.
1. Obtain Your Experian RentBureau Report
- Request a Copy: Start by obtaining your Experian RentBureau report directly from Experian’s website or contact them to request a copy. You are entitled to a free report if the mistake impacts your rental application.
- Review the Report: Carefully review the report for any inaccuracies, such as wrong eviction records, incorrect criminal history, or other tenant screening issues. Ensure the information listed is accurate and belongs to you.
2. Check Your Original Experian Credit Report
- Review Your Credit History: Since mistakes on your RentBureau report could also affect your Experian credit report, it’s essential to check your original Experian credit report for discrepancies. A criminal record or eviction listed on RentBureau could show up on your credit report, potentially harming your overall credit score.
- Obtain Reports from Other Bureaus: Similarly, inaccuracies could spread across other major bureaus, such as TransUnion and Equifax, affecting your broader credit file. Check your reports from these bureaus as well to ensure the mistakes aren’t repeated elsewhere.
3. Contact Consumer Attorneys for Consultation
- It’s highly recommended to consult with an FCRA paralegal before starting any disputes with Experian RentBureau or the credit bureaus.
- At Consumer Attorneys, we specialize in helping clients build strong, well-documented disputes and are prepared to take legal action if the dispute is mishandled or ignored. Our team will work closely with you to identify which of your credit files may have been affected by the inaccuracy and ensure that the error is corrected.
Is a Dispute with Experian Tenant Screening Required Before Filing a Lawsuit?
Most FCRA claims against Experian Tenant Screening Services are brought on the grounds that Experian failed to address disputes raised by consumers and correct the errors on the tenant screening report. However, certain information must be reported accurately, and misreporting it constitutes an FCRA violation. In such cases, a dispute may not be required to take legal action against Experian and seek compensation.
A consumer may have a valid claim against Experian and seek financial compensation under the following circumstances:
- If Experian Tenant Screening Services mixed your information with someone else's and reported credit accounts, civil, or criminal records that belong to another individual, leading to a housing denial, you may have grounds for a claim.
- If Experian reported criminal or civil records that belong to you but have been sealed or expunged from public access, you may have grounds for a claim.
- If your criminal or civil records were reported with inaccurate dispositions, case degrees, dates, or other details, you may have grounds for a claim.
At Consumer Attorneys, we have extensive experience in assessing and investigating Experian Tenant Screening errors as well as other employment and tenancy screening violations. And we know how important it is to take the best steps in a timely manner.
How Our Attorneys Can Help You
1. Build a Strong Dispute
Our attorneys and FCRA paralegals will help you prepare a well-structured dispute backed by documentation and legal language that increases the chances of a successful correction. A properly submitted dispute is critical, especially when errors involve complex issues like mixed files or false eviction records.
2. Identify Broader Impact Across Credit Bureaus
We don’t just fix the error with Experian RentBureau - we investigate how the inaccuracy may have affected your other credit reports from TransUnion, Equifax, or other credit and background report providers. Our team ensures that all related errors are addressed and resolved across every agency reporting the same mistake.
3. Take Legal Action if Disputes Are Ignored
If Experian fails to correct the error on your background check or mishandles your dispute, our lawyers for background checks are ready to file a lawsuit under the Fair Credit Reporting Act. We’ll fight for compensation for any financial or emotional harm you’ve suffered - and Experian will be required to pay all attorney fees at the resolution of the case, you pay nothing out of your pocket.
Frequently Asked Questions
If there's a mistake on your Experian RentBureau report, you may be entitled to compensation under the Fair Credit Reporting Act (FCRA). Experian will have to cover your financial losses like being denied housing or a job, as well as emotional distress such as stress or anxiety caused by the mistake. Additionally, they will have to pay for your attorneys and court costs - you don't have to pay for fixing their mistakes.
To dispute an eviction or criminal record on your Experian RentBureau report, it’s important to gather documents that clearly show the information is inaccurate or does not belong to you.
Court Records: that show that the eviction or criminal case was dismissed, sealed, or simply show the final outcome and details of the case.
Proof of Identity: Include a copy of a government-issued photo ID (like a driver’s license or passport) along with a document that confirms your current address.
Written Statement: Attach a clear explanation describing what is wrong, why it’s inaccurate, and what action you’re requesting Experian to take.
Generally, you cannot directly request your Experian RentBureau report from a landlord. The report is typically provided to landlords and property managers when they conduct a background check during the rental application process. However, you can request your own copy of the RentBureau report through Experian's official website.
This is possible because Experian credit reports focus on your financial history (e.g., loans, credit cards) while RentBureau reports focus on your rental history (e.g., evictions, rent payments). They pull data from different sources, so discrepancies can occur. Rental information may not always appear on your credit report, and vice versa. If there are inaccuracies, it's best to consult an FCRA attorney to resolve the issue.
Yes, you can sue without disputing if certain violations occur. If your information is mixed up with another person’s, such as someone else’s eviction or criminal record appearing on your report, you don’t need to dispute it first. You can file a lawsuit based on identity mix-ups. However, if the error is related to credit account details like payment history, account status, or balances, a dispute is typically required first to resolve the issue before taking legal action.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
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