My information on someone elses credit report what can I do?
Recently on our legal forum a user asked, “I have a relative who pulled his credit report but my financial information came up on his file. Not only do I feel like my financial information should not be shared with a third-party without my approval, I also feel my rights have been violated. What is the law as it pertains to my personal, financial data?”
Unfortunately, it’s not that unusual for individual’s credit information to end up on someone else’s credit file. It’s one reason financial experts suggest pulling your credit report at least one time per year to make sure your data is accurate.
Unfortunately, not only are there complaints of this happening in all fifty states, Attorney Generals in each state as well as the Federal Trade Commission- now the Consumer Financial Protection Bureau- have also received complaints about this issue.
Most concerning, however, is that individuals who report these issues to the Attorney General and the Consumer Financial Protection Bureau also complain that when they attempted to get the issues resolved with the credit reporting agencies they had trouble getting the help they needed or their problems solved.
What can I do to protect my credit information?
The good news is there are laws which require credit reporting agencies and data providers to update incorrect information. For example, under the Fair Credit Reporting Act, credit bureaus are legally required to follow strict guidelines and fix mistakes on credit reports.
So what do you do if your information is incorrect?
- Review your credit report.
As mentioned above, the first step to protect your financial information is to review your credit report. Because your information is also on someone else’s credit report you will need to address this issue with the credit bureau as well. The good news is all three credit bureaus are also required to give you a credit report for free each year.
- Contact the credit bureau and request an investigation.
The FCRA requires agencies to ensure that their reports are as accurate as possible. If your information is on another person’s file, not only does that person illegally have information to financial data which is none of their business, it should not be too hard to dispute their report is inaccurate.
Each credit bureau has an online site to report errors. Legal experts argue, however, that disputes should be reported in a detailed report and sent to the bureau via certified mail.
Under the current laws, the credit bureau has 30 days to review the disputed data and remove incorrect information from the report. Reports indicate, however, that the agencies are not very responsive and clearing up a credit report may require multiple requests.
It may also be helpful if the relative with the incorrect credit report also files a request with the credit bureau, which he may be more than willing to do if your data on his report is negatively hurting his chances of getting credit or a loan.
What if I cannot get the help I need?
Unfortunately, if you never get the help you need it’s time to evaluate whether or not you need to seek legal action under the Fair Credit Reporting Act. If you do, it’s time to talk to a lawyer.
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