Can you, or should you, sue if wrong information isn’t removed from your credit report? Attorney Robert Brennan was recently a guest on my Internet radio show, EverydayWealth Radio: Your Consumer Advocate and he shared some insights on lawsuits related to credit damage. Brennan happens to be a very successful litigator in the area of consumer credit damage, and has even been voted a "super lawyer" by his peers.
Brennan noted that consumers who successfully sue for credit damage may be awarded attorneys fees, damages and even punitive damages. While I had cautioned consumers in the past that these cases are difficult to win, Brennan boasts an impressive success rate. Before you rush to hire an attorney, however, he recommends you take these steps:
Check your credit report and dispute any erroneous items by filing a dispute with the credit reporting agency and the creditor or agency reporting the negative item. Include copies of any documentation you have, and keep good records. If they don’t respond or don’t remove the wrong information, you may need to talk with a consumer law attorney with experience in Fair Credit Reporting Act cases. Of course, if you are in Southern California, you may want to contact Robert Brennan’s law firm.
We also discussed a question from a listener who wondered whether it was legal for a debt collector to check her credit report on a debt that was fifteen years old. While Brennan pointed out that there is no case law on that specific issue, it would be likely that particular inquiry was unauthorized, and he does go into detail about the issue of unauthorized inquiries on his website.
If you would like to learn more about your rights when it comes to credit damage, you can listen to my radio interview with Robert Brennan online 24/7. Simply type "Robert Brennan" into the search field.