If you disputed a fraudulent account with Equifax, Experian, or TransUnion and the bureau "verified" it anyway, you may have a claim under the Fair Credit Reporting Act (FCRA). Cook Law represents Chicago identity theft victims in FCRA cases against the credit bureaus and the lenders and collectors that keep reporting accounts the victim never opened.
Most identity theft victims do everything right. They file an FTC identity theft report, send disputes to all three bureaus, and wait. Then the letter comes back: the account was "verified as accurate." That response is often where an FCRA case begins. As a Chicago identity theft lawyer focused on credit reporting, Matthew Cook handles cases where the bureau or the company reporting the account failed to do its job after you disputed.
Did the Credit Bureau Verify an Account You Never Opened?
You found an account on your credit report that isn't yours. Maybe it's a credit card, an auto loan, a phone plan, or a collection for a debt you never owed. You disputed it. Weeks later, the bureau said the information was verified, and the account stayed. If that matches what happened to you, the next sections explain why it matters.
What "verified" means after an identity theft dispute
When you dispute an account, the bureau usually sends a short electronic code to the company that reported it. That company checks its own records, sees your name and Social Security number on the account, and confirms it. The bureau then marks the dispute "verified." In identity theft cases, this process often confirms the thief's information rather than investigating whether you opened the account. Read more about what to do when a credit bureau verifies wrong information.
Why that may violate FCRA §1681i
Under 15 U.S.C. §1681i, a credit bureau that receives your dispute must conduct a reasonable reinvestigation, generally within 30 days. It must also consider the documents you send, such as an FTC identity theft report. A bureau that rubber-stamps a fraudulent account despite that evidence may have violated the FCRA.
Identity Theft Problems We Handle on Chicago Credit Reports
Cook Law's Chicago identity theft attorneys handle cases where fraud shows up on a credit report and stays there after a dispute. Common situations include the following.
Fraudulent accounts opened in your name
Credit cards, personal loans, auto loans, utility accounts, and phone plans opened by someone using your information. If you disputed them and they are still reporting, contact us.
Collections for debts an identity thief ran up
A thief's unpaid account often gets sold to a collection agency, which then reports it on your credit. Collectors that keep reporting a fraudulent debt after a bureau dispute may be liable under the FCRA.
Fraudulent inquiries, addresses, and names
Hard inquiries you didn't authorize, addresses you never lived at, and name variations you never used are often the first sign of fraud. They can also keep fraudulent accounts tied to your file. If your report shows a name that isn't yours, see our page on a wrong name on your credit report.
Mixed files that look like identity theft
Sometimes the accounts belong to a real person with a similar name or Social Security number, and the bureau has merged their file with yours. That isn't identity theft, but it's also an FCRA problem we handle. Learn more about mixed credit file cases in Chicago.
Your FCRA Rights as an Identity Theft Victim
The FCRA gives identity theft victims specific rights beyond a standard dispute. Two matter most when a fraudulent account won't come off.
The identity theft block under §1681c-2
Under 15 U.S.C. §1681c-2, if you send a bureau proof of your identity, a copy of an identity theft report, and a statement identifying the fraudulent information, the bureau generally must block that information within four business days. A bureau that ignores a proper block request may be violating the FCRA.
Furnisher duties after a dispute under §1681s-2(b)
The lender or collector that reports an account is called a furnisher. Under 15 U.S.C. §1681s-2(b), once a bureau forwards your dispute, the furnisher must investigate and correct or delete information it can't verify. These duties are triggered by a dispute sent through the credit bureau, which is one reason disputing with the bureaus matters.
What You May Recover Under the FCRA
If a bureau or furnisher violated the FCRA, the law allows you to recover damages. Under §1681o, a negligent violation allows actual damages. Under §1681n, a willful violation allows actual or statutory damages, plus punitive damages meant to punish the company. In both cases, a successful consumer can recover reasonable attorney's fees and costs from the defendant. Actual damages may include credit denials, higher interest rates, and emotional distress. Every case is different, and no outcome is guaranteed.
Who Is Responsible: Credit Bureaus and Furnishers
Identity thieves are rarely found, and even when they are, they usually have nothing to collect. An FCRA claim doesn't depend on finding the thief. It focuses on the companies with legal duties after your dispute: the credit bureaus (Equifax, Experian, and TransUnion) and the furnishers that kept reporting the fraudulent account. For more on how these cases work, see our page on FCRA lawsuits in Chicago.
When to Contact an Identity Theft Attorney
The best time to call is after you've disputed and the account is still there. Deadlines apply: under §1681p, an FCRA claim generally must be filed within two years of discovering the violation and no more than five years after it occurred.
Signs you may have a case
- You disputed a fraudulent account with Equifax, Experian, or TransUnion
- The bureau responded that the account was verified, or didn't respond
- You have an FTC identity theft report or a police report
- The account is still on your credit report
- You were denied credit, housing, or a job, or paid a higher rate, because of it
You don't need all five. If the first two apply, it's worth a call.
What to Have Ready Before You Call
Gathering these documents helps us review your case quickly:
- Your current credit reports from all three bureaus
- Copies of the disputes you sent and the bureau responses, especially any "verified" letters
- Your FTC identity theft report from IdentityTheft.gov or a police report
- Any credit denials, adverse action letters, or collection notices tied to the fraudulent account
- Notes on dates: when you found the fraud, when you disputed, and when the bureaus responded
Results Matter
$425,000 WON
ID Theft/Mixed File Case
$420,000 WON
ID Theft Case
$325,000 WON
Mixed File Case
$200,000 WON
Mixed/Merged File Case
“Past results provide no guarantees for future outcomes. Each case is different and must be judged on its own merits.”
Chicago Identity Theft Lawyer FAQs
Can I sue a credit bureau for not removing an identity theft account?
Possibly. If you disputed a fraudulent account and Equifax, Experian, or TransUnion verified it without a reasonable reinvestigation, the bureau may have violated FCRA §1681i. A bureau that ignores a proper identity theft block request under §1681c-2 may also be liable.
How long does a credit bureau have to investigate an identity theft dispute?
Generally 30 days from receiving your dispute under FCRA §1681i. If you send a proper identity theft block request with an identity theft report, the bureau generally must block the information within four business days under §1681c-2.
Do I need an FTC identity theft report?
It's strongly recommended. An FTC identity theft report from IdentityTheft.gov, or a police report, is part of what triggers the identity theft block under FCRA §1681c-2. It's also key evidence that you disputed the account as fraud, not as a simple error.
Can I sue the lender or collector that reported the fraudulent account?
Possibly. Under FCRA §1681s-2(b), a lender or collector must investigate after a credit bureau forwards your dispute. If it confirmed a fraudulent account without a real investigation, it may be liable. These claims generally require that you disputed through the credit bureau first.
How much does a Chicago identity theft lawyer cost?
The FCRA allows a consumer who wins to recover reasonable attorney's fees from the defendant. Cook Law handles qualifying FCRA cases on contingency, which means no fee unless you recover.
What identity theft cases doesn't Cook Law handle?
Cook Law handles identity theft that shows up on your credit report. We generally can't help with stolen debit or credit card charges that never reached your Equifax, Experian, or TransUnion report, criminal charges, recovering money directly from the thief, or identity theft prevention advice. If a false criminal record appears on a background check, see our Chicago background check error page. If you haven't disputed the fraudulent account with the credit bureaus yet, start with our guide to credit report disputes in Chicago.
Is there a deadline to file an FCRA claim?
Yes. Under FCRA §1681p, a claim generally must be filed within two years after you discover the violation, and no later than five years after the violation occurred. If a bureau verified a fraudulent account, don't wait to get it reviewed.
Disputed It and They Verified It Anyway? Call Cook Law.
If you disputed a fraudulent account and it's still on your Equifax, Experian, or TransUnion report, Matthew Cook can review whether you have an FCRA claim. Call the Chicago office at (773) 364-1008, or send your details through our Chicago contact page. Have your dispute letters and bureau responses ready.
Cook Law LLC, 166 West Washington, Suite 540, Chicago, Illinois 60602. Also serving St. Charles, Missouri: see our St. Charles identity theft lawyer page.