How to Sue Experian for Ignored Credit Report Dispute

If you’re wondering how to sue Experian, then you have likely already learned that inaccuracy in Experian’s reporting can be a life-changing event for those consumers impacted by it. In fact, inaccurate, misleading, and false information in an Experian credit reporting can completely derail your financial life, tank your plans, and leave you emotionally distraught and overwhelmed. And eager to file a lawsuit against Experian. 

When you do everything right to dispute credit report, and Experian ignores the dispute, refuses to correct the errors, or validates the false information as true after an inadequate or shoddy investigation, you’re left feeling defeated, depleted, and desperate. Thankfully, consumer protection attorneys handle these kinds of Experian situations every single day, know how to initiate an Experian lawsuit, to get you back to good and make you financially whole again.

At Consumer Attorneys, our lawyers have helped thousands of consumers sue Experian for credit reporting errors and its failure to follow the law. I will walk you through the legal landscape on this issue so that you understand the full extent of the problem, your rights under the FCRA, and how to file a lawsuit Experian won’t be able to ignore. We also address whether you should join an Experian class action lawsuit.

What are Your Rights?

Consumer protection law is a broad practice area that includes an enormous amount of issues arising out of credit reporting errors. While numerous federal and state laws regulate the buying, selling, and reporting of consumer data, the Fair Credit Reporting Act (FCRA) is the most critical piece of legislation and most relevant to anyone looking to sue Experian over a data dispute.

The FCRA requires that the CRAs and data furnishers use “reasonable procedures to assure maximum possible accuracy.” This should mean that Experian uses precise and accurate methods for gathering, reviewing, and reporting data, including well-conceived algorithms and well-trained human review as needed. It should also mean that Experian disputes are adequately and thoroughly investigated and errors are corrected timely.

However, as you know, this is frequently not the case and consumers are forced to sue Experian to enforce the data standards set out under the FCRA.

Along with placing this obligation on Experian, the FCRA also gives you the right to:

1. Obtain a copy of your Experian credit report. You are entitled to a copy of the Experian (or other CRA) report run when a credit check is completed as part of a transaction or opportunity. You are also entitled to request a free copy annually from each credit bureau, including Experian.
2. Determine who can view your files. You must be notified that a credit check will take place and that a decision will hinge on the results. You also have to authorize a company to run an Experian (or other CRA) credit check.
3. Know when data is being used against you. If an adverse decision is made (a decision that goes against your interests) based on data in an Experian credit report, you have the right to know which information was used to deny you the opportunity in question (mortgage approval, auto financing, rental house, job opportunity, etc.).
4. Dispute errors in your Experian credit report. If Experian or any other CRA includes inaccurate, misleading, or false information about your credit history, profile, or score, you have the right to dispute the error and have it corrected.
5. Compensation. You are entitled to sue Experian to receive compensatory and punitive damages if Experian (or other CRAs, data furnishers, or other third-party companies) demonstrated intentional negligence by not properly reporting, investigating, or addressing disputes.

What Does an Experian Credit Report Include?

An Experian credit report includes information provided by data furnishers and other third-party entities pertaining to your credit history.

Data furnishers are the companies that you recognize and deal with regularly. They include such entities as credit card companies, banks and lenders, insurance and healthcare companies, service providers, and debt collectors.

Experian credit reports can include such things as:

• Personal identifiable information: birthdate, prior address, spouse, employers, etc.
• Account and payment information: account holder name, payment terms, payment amounts, missed and late payment history, and account status.
• Financial situations: foreclosures, collections, repossessions, bankruptcies.
• Hard and soft credit inquiries: both appear on your report, though only hard inquiries will impact your credit score.

Experian credit reports do not include such things as:

• Specific medical information: For instance, diagnoses, medical history, or prescription info. However, some extent of medical history may be revealed if accounts or debt are held at medical providers, hospitals, etc.
• Criminal history
• Public records (with the exception of bankruptcy info)

Is There an Error on Your Experian Credit Report?

If you've discovered or been notified of inaccurate, misleading, or false information on your Experian credit report, you need to act quickly. You may need to sue Experian, and we recommend taking the following actions to maximally protect your rights:

Experian Credit Report Mistakes Disputes

When confronted with an adverse decision based on wrong information in an Experian credit report, whether you choose to work with lawyers that sue Experian or go it alone, you may have to formally file an Experian credit dispute. A dispute is necessary if the error originates with a data furnisher. (See below to learn about the different reasons you can sue Experian for data errors.)

The FCRA requires CRAs, such as Experian, to provide methods for consumers to dispute the data in their credit profiles. Once you file a dispute with Experian, Experian is required to investigate and respond within a statutorily determined window of time. Practically, this means that the law requires Experian to investigate and respond to your dispute within thirty days. There are, of course, exceptions and scenarios that pro-long or extend this statutory response period.

Sue Experian for Errors and Unsettled Disputes

If you are far enough along in this saga that it’s clear you need to sue Experian, then you also need to understand what types of things you can sue Experian over. The FCRA carves out two ways that Experian can be liable: failure to adequately investigate disputed data and failure to use reasonable procedures to prevent inaccurate data. Let’s take a look, below are some Fair Credit Reporting Act violation examples and ways to resolve its.

Sue for Disputed Errors

Under the FCRA, when you dispute erroneous information provided to Experian by a data furnisher or other third party, then Experian must conduct a reasonable investigation to determine the accuracy of the disputed information. So if your Experian credit profile includes inaccurate, misleading, or false data that you have disputed using all of the proper channels, but Experian fails to adequately investigate or correct the errors, you can sue for compensation and error correction.

Sue for Errors Even Without a Dispute

The FCRA also requires that Experian use reasonable procedures “to assure the maximum possible accuracy” of the information it includes in your credit profile. So, if the errors in your Experian profile are the result of a mixed file, a misrepresented public record, or a false deceased indicator, you can sue Experian simply for reporting the error, whether or not it has been disputed. This is because Experian would have picked up on the discrepancies and inconsistencies had it used reasonable procedures to assure maximum possible accuracy.

Sue for Identity Theft-Related Errors

Can you sue when someone commits identity theft and fraud using your accounts? When this happens, consumers desperately search things like: “Someone is using my social security number, can I sue Experian?” or “Can I sue Experian for unauthorized charges on my credit card?” or “Can I sue Experian for phony charges?”

In other words, can you sue Experian for failing to investigate and correct data that ties directly to your current accounts but which you allege is the product of identity theft and fraud? The answer is yes, but you can only sue for their role in failing to adequately investigate and correct the fraudulent transactions.

Should I Join a Class Action Lawsuit Against Experian?

You may see ads for an Experian lawsuit sign up. Is there a class action lawsuit against Experian? Yes. There are several Experian class action lawsuits happening right now. In a class action lawsuit, Experian defends itself against hundreds, even thousands, of plaintiffs who allege Experian did something wrong. For example, Experian just settled one class action lawsuit where Plaintiffs alleged Experian sent wrong residential information to lenders. Experian settled for $22.45 million and each class member received $178.

We suggest suing Experian on your own, in a lawsuit against Experian where we represent you. The FCRA imposes fines of up to $1,000 for each violation a CRA commits. Additionally, the court can impose actual and punitive damages. These can be substantial. Contact us to find out more.

If you notified the credit card companies, the Social Security Administration, and any other relevant entity that the credit card charges or use of your Social Security Number are fraudulent, and you’ve notified the proper authorities, then Experian is still accountable for investigating and correcting those errors on your credit profile. See our article on Identity Theft Lawyers for a detailed discussion of how to recover from this type of financial crime.

If Experian fails to correct your credit profile despite you having taken all of the necessary steps to notify the authorities, account holders, and CRAs about the criminal activity, then you can sue Experian.

Should You Sue Experian in Small Claims Court?

Some consumers wonder if they can sue Experian in small claims court. The answer is yes, but it is not recommended. First, the parameters for small claims court are usually very limiting and differ significantly from state to state. The idea of small claims court is that the compensation sought and received must be below a certain statutorily determined dollar value.So, even if you could be entitled to substantial financial damages, if you sue in small claims court you may sharply limit the compensation you can seek and receive.

Second, when going up against Experian, one of the nation’s largest and most powerful CRAs, you should sue in a traditional court of law with the backing of an experienced and knowledgeable attorney to bolster your claim and increase your chances of achieving a successful outcome.

After all, if you’re at the point of needing to sue Experian, then you already know that the scales are tipped against you in this power dynamic and Experian is showing no signs of doing the right thing. If you’re going to sue, you shouldn’t just sue to win, you should sue to win big.

Lawsuits Against Experian

We have helped thousands of clients fight back against Experian and other CRAs that ignore disputes, conduct inadequate investigations, and fail to make sufficient error corrections. The examples below highlight some of our successes in taking on Experian on behalf of our clients.