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CONSUMER LAW BLOG

A Guide to Common Credit Reporting Errors 

1/18/2016

2 Comments

 
In May of 2015, Nevada Attorney General Adam Laxalt announced a $6 million settlement with Equifax, Experian, and Trans Union for ongoing credit reporting violations.  As part of the settlement, the bureaus agree to implement changes in their information gathering techniques, update their investigation procedures for disputed items, and initiate consumer education efforts.  Laxalt, the grandson of former Nevada Governor and U.S. Senator Paul Laxalt, announced the settlement as part of Nevada's efforts to protect consumers by ensuring stricter guidelines for credit reporting agencies.

Despite this landmark settlement, credit reporting agencies continue to report false information on Nevadan's profiles at an alarming rate.  Below is a list of common credit reporting errors:
  1. Same account balance reporting twice (creditor and collection agency)
  2. Negative information reported after seven (7) years  (Note that Chapter 7 bankruptcy reporting remains on your credit file for ten (10) years, and most liens remain on your profile until paid in full)
  3. Debt reporting as “owed” when it has been paid in full
  4. Debt reporting missed payments after bankruptcy discharge
  5. Debt reporting a balance  after bankruptcy discharge
  6. Derogatory marks (“30, 60, 90, etc.”) reporting when loan has been paid during that time period
  7. “Foreclosure” reporting when the home was sold as a short sale or deed in lieu. (If a Notice of Default was issued, the creditor may report that “foreclosure proceedings have been initiated,” even if the property ultimately sells through a short sale or other means)
  8. Reporting that is contrary to a settlement agreement or contract between the parties

The only way you can ensure these reporting errors are corrected is to pull a copy of your 3-bureau credit report, review each account for accuracy, and send a written dispute to the bureaus listing all incorrect account information.  The bureaus have 30 days to investigate and update the report.  If they fail to properly investigate and update your account(s), you have a claim under the Fair Credit Reporting Act, which permits damages of up to $1,000 (or actual credit damages, if proven) along with payment of your attorney's fees and costs.

Source: http://ag.nv.gov/News/PR/2015/Attorney_General_Laxalt_Announces_$6_Million_Settlement_With_Credit_Reporting_Agencies/
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Law Office of Kevin L. Hernandez
8920 W. Tropicana Avenue, Suite 101
​Las Vegas, Nevada 89147
P: (702) 563-4450
F: (702) 552-0408
​E: kevin@kevinhernandezlaw.com

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