Can I take legal action against the credit bureaus for continuously mixing my credit with another persons?

Asked over 2 years ago - Las Vegas, NV

For 5 years I have been dealing with a mixed file. The credit bureaus continuously put my brothers bad credit on my reports, making it impossible for me to have good credit. Every couple of months I check my credit and find one or two accounts that are not mine. And each time dispute the accounts they are taken off but then again I have to build my score up from being knocked down from the misinformation. I have suffered actual damages, emotional distress and interference with everyday normal life from this. Is there anything I can do? I've also tried calling lawyers in Las Vegas and it seems like there is no one here willing to help me. This has ruined my life and is continuing to do so. All I want is help.

Attorney answers (3)

  1. Amy Lavonne Wells

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Unfortunately, this is not as uncommon as many people may believe. But the short answer is, yes, you do have legal rights. And you deserve help. The credit bureaus have a legal duty to assure maximum possible accuracy. That does not seem to be happening in your case.

    It is a process, but a seasoned advocate will be willing and able to assist you through it. Visit http://naca.net/find-attorney, which has an attorney locator feature. If you are unable to find a lawyer in your area willing to help, contact my office. I'm happy to discuss your situation with you, and to conduct a case review without any cost or obligation. www.OhioConsumerHelp.com. 937.435.4000.

    For more information about your rights under the Fair Credit Reporting Act, visit http://www.ohioconsumerhelp.com/sub/credit-repo...


    Good luck to you!

    NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an... more
  2. Thomas Ray Breeden

    Contributor Level 8

    1

    Lawyer agrees

    Answered . It is not uncommon for the credit bureaus to mismerge credit files, especially when the people have similar names, locations of birth, and other identifying information. The credit bureaus are required to maintain the credit reports with the maximum possible accuracy. Unfortunately, they often do not meet this standard.

    You have the right to have your credit report correct and accurate, and only containing your information. When the credit bureaus fail to perform their obligations, and you are damaged as a result, you have the right to bring the matter to court to force them to 1) correct your credit report; 2) pay you compensation; and 3) recover attorney fees.

    You should look for a local attorney who handles credit matters. If you can not find one, you can use NACA's attorney finder to find a local attorney. the website is www.naca.net

    Good luck.

  3. Jeffrey Neil Wilens

    Contributor Level 6

    Answered . The advice you are receiving is too general. You already know you need a good lawyer and have the right to sue. If you lived in California, I would not hesitate to take your case assuming you had the documents to back up your claims. Since you live in Nevada, you are not entitled to the protection of California law.

    Also it is not clear if the credit bureaus are incorrectly merging or the collection agencies/creditors are falsely reporting.

    Experian is based in California so I can sue that company here. Also, if any of the creditors/collectors who report the false information about you are based in California, I can also sue them here as well.

    I suggest you contact my office to confirm whether I can bring a case for you under California law. Even if it does not solve all your problems, it might solve some of them.

    www.lakeshorelaw.org

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