Can I sue if my credit report incorrectly shows me as deceased?

Question

My credit report has been showing me as deceased for over a month now. I've disputed it twice with documentation proving I'm alive, and the credit bureau keeps sending me generic responses saying they're "investigating." Meanwhile, I've been denied for three different loans, my credit cards were frozen, and I'm losing real money because of this error. At what point can I actually sue them? Do I have to wait for them to finish their investigation, or can I take legal action now? And if I do sue, what kind of compensation am I entitled to for the damage this has caused to my credit and my finances?

Consumer Attorneys · Accepted Answer

Yes, you can sue a credit bureau for incorrectly reporting you as deceased, especially when they fail to correct the error after you've provided clear evidence that you are alive. Under the Fair Credit Reporting Act, credit bureaus have a legal duty to maintain accurate information and to conduct reasonable investigations of disputes. When they fail to meet these obligations, particularly with an error as severe as marking a living person as deceased, they may be liable for both negligent and willful violations of the FCRA.

You may have grounds to sue if:

The credit bureau failed to conduct a reasonable investigation of your dispute
They continued reporting you as deceased after receiving clear proof you are alive
The error has caused you actual harm (denied credit, frozen accounts, financial losses)
The bureau's response to your dispute was inadequate or dismissive
You can demonstrate negligence or willful disregard for accuracy

Potential compensation in FCRA cases includes:

Actual damages: Lost opportunities, higher interest rates, fees, economic losses
Emotional distress damages: Stress, anxiety, frustration caused by the error
Statutory damages: Up to $1,000 per violation for willful violations
Punitive damages: Additional penalties if the violation was particularly egregious
Attorney's fees and costs: The credit bureau pays your legal fees if you win

You don't necessarily have to wait for the bureau to finish its investigation before taking legal action, especially if they're clearly violating their duties or if you're suffering ongoing harm. We help clients in these situations evaluate when legal action is appropriate and pursue maximum compensation for the damage caused. If you've been denied credit, lost financial opportunities, or suffered other concrete harm because a credit bureau incorrectly reported you as deceased, contact us for a free case evaluation. We can help you understand your rights and determine the best path forward to restore your credit and recover damages.