Have you recently discovered an error on your credit report, background check, or believe you’re a victim of identity theft? If you answered “yes” to any of these, you’re likely feeling frustrated and perhaps unsure of where to turn or what to do next. Fortunately, if you’re reading this, you have come to the right place. Continue reading and reach out to a dedicated Missouri consumer lawyer from Cook Law, LLC to learn more about how we can assist you. Contact us today for a free initial consultation.
Consumer Lawyer Serving Clients Throughout Missouri
If you need a Missouri consumer lawyer to represent you with any of the following issues, look no further than Cook Law, LLC.
Steps to Take if You Discover a Credit Report Error
Discovering an error on your credit report can be more than just an inconvenience—it can impact your ability to obtain a mortgage, car loan, credit card, or even a job. Fortunately, both federal and Missouri law provide strong protections for consumers facing inaccurate credit reporting. If you’ve found an error, here’s what you should do.
- Get Copies of Your Credit Reports: Start by obtaining your credit reports from all three major credit bureaus: Equifax, Experian, and TransUnion. You’re entitled to one free report from each bureau every year through AnnualCreditReport.com, or more often if you’re the victim of fraud.
- Review Each Report Carefully: Go through each report line by line. Look for unfamiliar accounts, inaccurate payment histories, outdated personal information, or accounts that don’t belong to you. Even small mistakes, such as a wrong balance or a misreported late payment, can have a negative impact on your credit score.
- Gather Supporting Documentation: Before disputing the error, gather all relevant evidence. Documentation strengthens your claim and ensures that the dispute process goes as smoothly as possible. Some of the most useful types of documentation may include the following:
- Bank statements
- Payment confirmations
- Letters from creditors
- Identity documents
- File a Formal Dispute with Each Credit Bureau: You should submit a written dispute to each bureau that is reporting the inaccurate information. Each bureau has its own process, but all are legally required under the Fair Credit Reporting Act (FCRA) to investigate your dispute within 30 days and respond in writing with the outcome. Your dispute should:
- Clearly identify each item in your report you dispute
- Explain why you are disputing it
- Include copies (not originals) of supporting documents
- Contact the Furnisher: In addition to the credit bureaus, you should also send your dispute to the furnisher—the company that provided the incorrect information, such as a bank, lender, or debt collector. Furnishers are also required under the FCRA to investigate disputes and correct any inaccuracies.
- Follow Up: Mark your calendar to follow up with both the bureaus and the furnishers after 30 days. If the investigation results in a correction, your report must be updated. If not, they must provide a reason in writing, and you have the right to add a 100-word statement to your report.
- Keep Records of Everything: Document every step you take, including dates, letters sent, and responses received. If you later need to take legal action, a clear paper trail can be crucial.
- Contact a Michigan Consumer Protection Lawyer: If the errors aren’t corrected or the credit bureaus/furnishers violate your rights under the FCRA, you may have grounds for a lawsuit. A Missouri consumer lawyer from Cook Law, LLC can help hold these companies accountable and seek compensation on your behalf.
Steps to Take if You’re a Victim of Identity Theft
Realizing that someone has stolen your identity is a frightening experience. It can affect your finances, your credit, and even your sense of personal safety. However, acting quickly and strategically can minimize the damage. Here’s what to do if you think you’re a victim of identity theft.
- Place a Fraud Alert on Your Credit Reports: Contact one of the three major credit bureaus—Equifax, Experian, or TransUnion—and request a fraud alert. This requires potential creditors to take extra steps to verify your identity before opening new accounts. The bureau you contact must notify the other two.
- Order Your Credit Reports: Once the alert is in place, request your credit reports and review them for any unfamiliar accounts or activity. This will help you determine the extent of the fraud.
- Report the Identity Theft to the FTC: File an identity theft report at IdentityTheft.gov. The Federal Trade Commission (FTC) will generate a recovery plan and provide you with an Identity Theft Report, which you’ll use to clear fraudulent accounts and block them from your credit report.
- File a Police Report: Although not always required, filing a police report with your local law enforcement agency can support your claims and is often necessary for resolving certain issues with creditors or collection agencies.
- Place a Credit Freeze: A credit freeze prevents new creditors from accessing your credit report entirely, which stops new accounts from being opened in your name. Unlike a fraud alert, a credit freeze must be placed with each credit bureau individually.
- Contact Companies Where Fraud Occurred: Notify the fraud departments of the banks, credit card issuers, or lenders where the fraud occurred. Close or freeze affected accounts and request written confirmation that the account is flagged as fraudulent and won’t be reported against you.
- Dispute Fraudulent Entries with the Credit Bureaus: Using your FTC report and supporting documentation, file disputes with the credit bureaus to remove the fraudulent information. Under the FCRA and Michigan’s Identity Theft Protection Act (ITPA), you have the right to demand deletion of false accounts and to block their reappearance on your credit report.
- Monitor Your Credit and Finances Closely: Enroll in credit monitoring or identity theft protection services. Keep a close eye on your bank accounts, credit card statements, and medical records to detect any further misuse.
- Contact a Consumer Protection Attorney: Identity theft cases can be complex, especially when financial institutions or credit bureaus fail to act. Cook Law, LLC can step in to protect your rights, restore your good name, and pursue legal action if necessary.
Handling Background Check Errors
An error on a background check can result in more than inconvenience—it can cost you a job, a home, or even your reputation. Fortunately, both federal and Missouri laws offer protection and recourse when these mistakes occur.
Common Types of Background Check Errors
- Mixed-up identity (e.g., another person’s criminal record or credit history appearing on your report)
- Inaccurate or outdated criminal history
- Incorrect employment history
- Wrongful inclusion of expunged records
- Misreported evictions or tenant issues
If you believe that you are a victim of a background check error, you should take the following steps:
- Request a Copy of the Background Report: Under the Fair Credit Reporting Act (FCRA), if a background check was used to deny you employment, housing, or credit, the company must provide you with a “pre-adverse action” notice and a copy of the report. You are also entitled to a free copy if you request it within 60 days of the denial.
- Identify the Errors: Compare the background report with your own records. Note any incorrect information, whether it’s a criminal charge that was expunged, employment dates that are wrong, or someone else’s data entirely.
- Dispute the Errors with the Background Check Company: Send a written dispute to the background screening company that prepared the report. The FCRA requires these companies to complete the reinvestigation within 30 days and notify you of the results. Be sure to:
- Clearly explain what’s incorrect
- Provide copies of supporting documentation (court orders, ID, pay stubs, etc.)
- Request a reinvestigation
- Follow Up with the Employer or Landlord: Let the party that requested the background check (such as a landlord or employer) know that you’ve submitted a dispute. Provide them with documentation and ask them to delay any final decision until the issue is resolved.
- Request Corrections from Government Agencies if Necessary: If the error originates from public records, such as a criminal record misfiled by a court or state agency, you may need to contact that agency directly to have the official record corrected.
- Speak with an Attorney: Background check errors can be difficult to fix on your own, especially when companies fail to meet their obligations under the FCRA. A consumer protection lawyer can help ensure that your rights are respected and may even be able to help you seek damages.
Contact a Consumer Lawyer in St. Charles, Missouri Today
Here at Cook Law, LLC, we are dedicated to representing consumers facing a variety of legal issues in St. Charles County and throughout the state of Missouri, including in St. Louis County and Jackson County. Whether you’ve noticed an error on your credit report, are a victim of identity theft or fraud, or you are facing any other consumer-related issue, you can depend on our legal team to fight for the outcome you deserve. Contact Cook Law, LLC for a free initial consultation today.
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