Dispute

A Quick Guide on Disputing Inaccurate Information on Your Credit File

As an attorney with years of experience, I understand the importance of maintaining accurate credit information. In this guide, I'll walk you through the steps to dispute any inaccuracies you may find on your credit file. It's crucial for your financial well-being to ensure that your credit report is as precise as possible. Let's get started!

**Step 1: Review Your Credit Report**

The first step in this process is obtaining a copy of your credit report. You're entitled to one free report annually from each of the three major consumer reporting agencies: Equifax, Experian, and TransUnion. Just so you know, for public records, obtain your report from LexisNexis.

**Step 2: Identify Inaccuracies**

With your credit report in hand, carefully go through it. Look for any discrepancies, such as incorrect account balances, late payments, or accounts that you don't recognize. Make a note of each item that needs correction.

**Step 3: Gather Supporting Documents**

Having supporting evidence is crucial in the dispute process. Gather any relevant documents that prove the information is inaccurate. This might include receipts, letters, or other paperwork that strengthens your case.

**Step 4: Contact the Consumer Reporting Agencies**

Contact the consumer reporting agencies that issued the report with inaccurate information. You can do this online, by mail, or over the phone. However, we recommend you send your disputes by mail, if possible. Clearly state the errors and provide them with the supporting documents you've gathered.

**Step 5: Dispute with the Creditor**

Simultaneously, contact the creditor associated with the inaccurate information. Explain the situation and provide them with the supporting documents you sent to the consumer reporting agencies.

**Step 6: Keep Records**

It's essential for you to document all communications. Note the date, time, and the names of the individuals you spoke with. This information can be invaluable if the dispute process takes longer than expected.

**Step 7: Be Patient and Persistent**

Resolving credit report inaccuracies can be a time-consuming process. Stay patient and, if necessary, follow up with both the consumer reporting agencies and the creditor.

Conclusion:

Remember, it's your right to have accurate credit information. Stay vigilant and keep track of your progress. If you're in a situation where you need more advice, please don't hesitate to consult a legal professional. If you have any questions, feel free to reach out. Thank you for reading!

Navient's Deceptive Practices

Navient is one of the most well know student loan services in the United States. Millions of borrowers use this company to repay their federal and private student loans. They have lawsuits that allege harmful and deceptive practices that could impact your student loans. 

Below we will go deeper into Navient lawsuits that have began since 2017. 


Borrowers Being Mislead

The Consumer Financial Protection Bureau (CFPB) stated that Navient “illegally failed borrowers at every stage of repayment.” The CFBP alleged in a lawsuit that Navient damaged borrowers by providing negative and sometimes false information such as: not processing payments correctly and not taking the appropriate steps to rectify situations when borrowers submitted complaints to company.


The lawsuit had alleged that Navient purposely caused many borrowers to pay more on their loans than they were expected to. The CFBP is suing Navient for borrowers to get financial relief from their mishandling. 


The suit alleged that Navient directed borrowers into forbearance over other preferred options such as income-driven repayment plans. A forbearance temporarily pauses student loan payments without hurting the borrowers repayment standing, but the interest builds up while the borrower is not making payments. This means that borrowers end up paying more in interest rather than being able to save money while choosing the IDR plan. 



Navient Advises Pricey Options 

A lawsuit filed in October 2020 in New Jersey alleges that Navient pressured borrowers into taking out private student loans with co-signers, even though it wasn’t in the best interest of the borrower. New Jersey states that Navient told borrowers they could have family members guarantee their private loans as co-signers, but set in place almost impossible hurdles to let borrowers release their co-signers from the loan. This makes it so that Navient gets paid if the borrower defaults on the loan since Navient is able to collect by charging the co-signer on the loan. 


Lies and Collections

New Jersey states that Navient would tell borrowers that they owed more on the loan than they really did if they were behind on their loans. Navient did this by collecting the amount that was past due and also the next months amount. This has caused borrowers to overpay hundreds of dollars oftentimes when they could not afford it. The CFPB alleged that Navient would not allow some borrowers to discharge their loans even though they qualified. The CFPB stated that “severely and permanently disabled borrowers with federal student loans, including veterans whose disability is connected to their military service, have a right to seek loan forgiveness under the federal Total and Permanent Disability discharge program—Navient misreported to the credit reporting companies that borrowers who had their loans discharged under this program had defaulted on their loans when they had not.” 


How This Affects Your Student Loans 

Many lawsuits are still on-going, so as of right now you won’t see an impact. If you are experiencing any issues with your student loan servicer, you can take these steps to ensure that it is working in your best interest: 


  • Review all of the details in your loan. Whether you have been on autopay or have not been able to make payments in awhile, you might not know what is happening with your loans or even the types of loans you have. Since Navient services private and federal loan lenders, you should check what you have before exploring your options.

  • Look for alternatives on your own. You can explore different repayment options such as: income-driven repayment plans, forgiveness, or student loan refinancing. It is vital to know what options you have before speaking to your loan servicer so that you are informed about different offers.

  • Ask the servicer for options. After researching on your own, contacting your servicer is next. Ask them what you qualify for and how each option will impact your repayment and what you will eventually repay over the lifetime of your loan. If the lender mentions that you do not qualify for specific programs or if they direct you to more expensive programs and payment options — it may be a red flag.

  • File a complaint if necessary. If you believe that your loan servicer is causing you to pay more money than you think you owe or you’re being mislead, consider filing a formal complain. You can do this directly with your lender, your states attorney general or at the federal lever with the U.S. Department of Education, Federal Trade Commission, or the CFPB. If you do this, you will need documentation proving your case. Keep a detailed record of notes, every phone calls, and correspondence with your lender.


Does Navient Service Your Loan? 

Navient services millions of borrowers but it does not service ever borrower. You can check your servicer with the Department of Education if you have federal loans. The best way to find out who services your private loans is to check your latest correspondence. If you have not made payments in awhile, you should check your credit report. You can do this for free through www.AnnualCreditReport.com. Due to the pandemic you can check your reports weekly for free until April 2022. This will allow you to see all of your debt, including delinquencies, in default, and paid off loans. 


Will Navient Forgive Student Loan Payments? 

A lawsuit against Navient that was settled July 2020 gave no monetary damages to the borrowers affected. Instead, Navient implemented improved training for employees regarding PSLF. It is a possibility that future lawsuits could proved the affected borrowers a monetary compensation, but it is unlikely that Navient will forgive student loan payments. 


Many lawsuits are still ongoing. If you feel that you have been negatively and wrongfully affected by Navient, consider reaching out for help and guidance. 

How to Dispute Errors on Credit Reports

How to Dispute Errors on Credit Reports

4 Simple Steps on How to Dispute Inaccuracies on Credit Reports

Disputing inaccuracies on a credit report can be a daunting task. Following these step-by-step instructions will aid you in correcting credit reporting errors in the most timely manner possible:

Step 1: Obtain your free credit reports

Obtaining your credit report is the first step in disputing any inaccurate or wrong information which may appear on it. Federal law requires the three national credit reporting agencies, Equifax, Experian, and Trans Union, to provide you with a free credit report every year. Most likely, each of these credit reporting agencies has a credit file on you. Get all three of your credit reports.

What to do if Your Credit Dispute is Denied

What to do if Your Credit Dispute is Denied

Your legal rights under the Fair Credit Reporting Act

According to the FCRA, the credit reporting agencies, Equifax, Experian & Trans Union (also referred to as CRAs) must investigate your dispute. Upon receipt of your dispute, the CRAs have 30 days to complete their investigation and provide you with their findings. The law requires their findings to be accompanied by a free credit report. If their investigation led to the denial of your credit dispute, now is the time to seek legal counsel to enforce your legal rights.

Prior to obtaining legal representation, ensure you have followed the dispute process accordingly. (See step-by-step instructions on Disupting Credit Report Errors here). 

Credit Reporting Reform Underway

2015 is a big year for the credit reporting industry. Major changes are underway. Earlier this year, Equifax, Experian, and Trans Union announced that they would change the way they handle credit disputes and unpaid medical bills. Credit experts say the announcement marks the biggest reform for the credit reporting industry in more than a decade. Most importantly, these changes will help millions qualify for better interest rates on student, home, and auto loans.

New CFPB Bulletin Issues Strong Warning to Furnishers of Consumer Credit Information

Furnishers Are Required to Review Documentation from Credit Reporting Agencies

The Consumer Financial Protection Bureau (the “CFPB”) has issued a Bulletin, dated September 4, 2013, to companies that furnish information to consumer reporting agencies (“CRAs”) regarding furnisher obligations under the Fair Credit Reporting Act (the “FCRA”). The Bulletin is intended to deal specifically with the FCRA requirement that furnishers are required to “review all relevant information” when investigating a consumer dispute. The CFPB Bulletin provides a warning to furnishers that the CFPB maintains supervisory and enforcement authority which it will use to address furnisher violations.

CRA Reinvestigation Obligations Under the FCRA

When a consumer disputes the completeness or accuracy of any information contained in his/her credit report, the consumer reporting agency (CRA) must conduct a "reinvestigation."  The term "reinvestigation" is a statutory term under the Fair Credit Reporting Act (FCRA). If the reinvestigation reveals that the information is inaccurate or cannot be verified, the CRA must promptly delete the information. 15 U.S.C. § 1681i(a). Failure to conduct a reasonable reinvestigation violates the FCRA. Cushman v. Trans Union Corp., 115 F.3d 220, 223–24 (3d Cir.1997). The burden to conduct the reinvestigation is on the credit reporting agency. It cannot be shifted back to the consumer.

A credit reporting agency's reinvestigation obligation is to verify the accuracy of its original source of information. This duty may include going beyond the original source. Whether the credit reporting agency must go beyond the original source depends on a number of factors, including: (1) whether the consumer has alerted the CRA that the original source may be unreliable; (2) whether the CRA itself knows or should know that the original source is unreliable; and (3) the comparative costs of verifying the accuracy of the original sources versus the potential harm the inaccurate information may cause the consumer. Dixon-Rollins v. Experian Information Solutions, Inc., 753 F.Supp.2d 452 (2010).

Does Your Credit Report Have Errors?

What should you do if you learn that your credit report has errors? You can either contact us about how to proceed or send a dispute to the consumer reporting agency (CRA) on your own. There are several ways to initiate the dispute process with the CRAs, including using the dispute form which you may have received when you ordered your credit report; using the CRAs online dispute form; sending a dispute letter by mail (certified mail is recommended but not required); or by telephone. Whichever method you choose, you should remember to keep an accurate record of your dispute, including a copy of your dispute form or letter. If you use the online dispute form, you should take a screen shot of your dispute before sending it. 

Class Action Suit Against Experian & CSC

Indiana Consumer Files Class Action Suit Against Experian and CSC | Challenging the Accuracy of Bankruptcy Credit Reporting 

Today, Cento Law, along with Eric Pavlack, filed a class action lawsuit against two consumer reporting agencies, Experian Information Services, Inc. and CSC Credit Services alleging numerous violations of the Fair Credit Reporting Act. In the suit, Plaintiff alleges the consumer reporting agencies inaccurately reported her bankruptcy on her credit report as dismissed when it was in fact withdrawn and failed to report that her bankruptcy was withdrawn before any bankruptcy plan was approved.  Earlier this year, Plaintiff filed a similar lawsuit against Trans Union, LLC.

If you have any questions regarding this lawsuit, then please feel free to contact us.

How to Dispute a Credit Report

How to Dispute Credit Report
How to Dispute Credit Report

Obtaining your credit report is the first step in disputing any inaccurate or wrong information which may appear on it. Federal law requires the three national credit reporting companies, Equifax, Experian, and Trans Union, to provide you with a free credit report every year. Get your free credit report at AnnualCreditReport.com; which is the official site to help consumers obtain their free credit report. Inaccuracies on your credit report may negatively affect you. If you find wrong information on your credit report start here:

Contact the credit reporting company in question. The disputing procedure can be initiated online.

  • To dispute a credit report from Experian,click here.
  • To dispute a credit report from Trans Union, click here.
  • To dispute a credit report from Equifax, click here.

Credit reporting companies must investigate disputes made by consumers. Thirty (30) days after the dispute is initiated, credit reporting companies are required to provide consumers with the results. The results should be accompanied by a free credit report. If the disputed information has not been corrected following the credit reporting companies dispute procedures, consider seeking legal action.

More About How Trans Union Processes Consumer Disputes - E-OSCAR and the ACDV Process

In 2005, a Trans Union ("TU") representative testified as follows regarding TU's procedures to conduct reinvestigations when a consumer disputes inaccurate information on their credit report: In general, when TU receives a dispute from a consumer, TU investigates the dispute using one of two systems developed for the purpose of processing and tracking disputes: the mail Consumer Dispute Verification process (“CDV”) and; the electronic Automated Consumer Dispute Verification process (“ACDV”) utilized in the instant matter.

How does Trans Union process consumer disputes?

In general, when Trans Union receives a dispute from a consumer, Trans Union investigates the dispute using one of two systems developed for the purpose of processing and tracking disputes, the Consumer Dispute Verification process (“CDV”) and the Automated Consumer Dispute Verification process (“ACDV”).  Through the ACDV process, Trans Union contacts the furnisher of the disputed credit information and, via an automated process, asks the furnisher to verify that the indicative (e.g., name, social security number, address, date of birth, etc.) information on the consumer matches the indicative information maintained in the furnisher’s records and is associated with the particular account being disputed.  Trans Union also asks the furnisher to verify the accuracy of the account information, e.g. account balance, payment history, credit limit, etc., being reported to Trans Union by the furnisher.

If the furnisher verifies that the reported information is correct, Trans Union updates the information on the consumer's credit file and notifies the consumer of that fact. If the furnisher reports that the information is inaccurate or can no longer be verified, or if the creditor does not respond within the required time, Trans Union deletes the information from the consumer's credit file and notifies the consumer that the information has been deleted.  Trans Union may employ additional procedures depending on the precise dispute involved and the circumstances of the case.