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CONSUMER REPORTING AGENCY (CRA)

Understanding which entity is legally responsible for reporting you as deceased is the first step in holding them accountable under federal law.

What is a Consumer Reporting Agency (CRA)?

A Consumer Reporting Agency (CRA) is an organization that collects and sells consumer credit information. The three major CRAs are Equifax, Experian, and TransUnion. Under the FCRA, CRAs have specific obligations to ensure the accuracy of information, including deceased status. Credit reporting agencies are legally responsible for implementing reasonable procedures to prevent deceased reporting errors, not just correcting them after they occur.

In Practice: When you dispute a deceased notation, you're exercising your rights against a CRA under FCRA Section 1681i. The CRA cannot simply defer to its data source or claim "the SSA says you're dead." The CRA has independent legal obligations to verify information and implement reasonable procedures. Even if the source data is incorrect, the CRA is still liable for reporting inaccurate information without adequate verification.

Why Understanding CRAs Matters to Your Case

Knowing that Equifax, Experian, and TransUnion are Consumer Reporting Agencies—not just "credit bureaus"—is crucial because this classification triggers specific legal obligations and liabilities under the Fair Credit Reporting Act. When you've been mistakenly reported as deceased, the CRA that reported this error is directly liable for the harm caused, regardless of where the error originated. In our experience handling over 300 deceased reporting cases, understanding CRA obligations is fundamental to building a strong case. Each CRA operates independently, maintains separate files, and can be held separately liable for violations. This means if you're reported deceased by all three major CRAs, you potentially have three separate claims—and settlements often reflect this, with total recoveries ranging from $45,000 to over $200,000 when multiple CRAs are involved.

The Three Major Consumer Reporting Agencies

Equifax

  • Headquartered in Atlanta, Georgia
  • Maintains credit files on over 800 million consumers worldwide
  • Has faced numerous lawsuits and enforcement actions for deceased reporting errors
  • Known for particularly problematic automated matching systems that have repeatedly flagged living consumers as deceased

Experian

  • Headquartered in Dublin, Ireland, with major U.S. operations in Costa Mesa, California
  • One of the largest CRAs globally with files on hundreds of millions of U.S. consumers
  • Has been subject to significant litigation for deceased reporting errors, including class actions and individual FCRA suits
  • Often cited for inadequate reinvestigation procedures when consumers dispute deceased status

TransUnion

  • Headquartered in Chicago, Illinois
  • Maintains credit information on virtually every credit-active consumer in the United States
  • Has paid millions in settlements for deceased reporting errors over the past decade
  • Like Equifax and Experian, it relies heavily on automated Death Master File processing without adequate verification

Important Note: These three CRAs dominate the credit reporting industry. When lenders, landlords, employers, or other entities check your credit, they're almost always pulling reports from one or more of these three agencies. This means an error at any of these CRAs can have devastating consequences for your financial life.

Legal Obligations of CRAs Under the FCRA

Maximum Possible Accuracy (Section 1681e(b)): CRAs must "follow reasonable procedures to assure maximum possible accuracy" of the information they report. For deceased indicators, this means:

  • Verifying full Social Security numbers, not just partial matches
  • Implementing age-verification procedures to catch obvious mismatches
  • Conducting human review before adding deceased indicators to active credit files
  • Creating safeguards to prevent family member mix-ups
  • Regularly auditing their matching algorithms for accuracy

Reinvestigation Obligations (Section 1681i): When you dispute information, CRAs must:

  • Conduct a reasonable investigation within 30 days (45 days in some circumstances)
  • Review all relevant information provided by the consumer
  • Contact the furnisher of the disputed information
  • Verify the accuracy of the information through reliable sources
  • Provide written notice of the results within 5 business days of completing the investigation
  • Delete or correct inaccurate information

These aren't suggestions—they're legal requirements. When a CRA fails to meet these obligations, it violates federal law and becomes liable for damages.

Which CRA(s) Reported You as Deceased?

Check All Three:The first critical step is determining which CRA(s) have the deceased indicator on your file. You need to pull credit reports from all three major CRAs because:

  • Each CRA maintains independent files
  • An error on one CRA doesn't necessarily appear on the others (though errors often appear across multiple CRAs when they all process the same flawed Death Master File update)
  • You must dispute with each CRA separately
  • Each CRA can be separately liable for damages

How to Obtain Your Reports:

  • Visit AnnualCreditReport.com for free annual reports from all three CRAs
  • Request reports by phone: 1-877-322-8228
  • Request by mail: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281
  • If you've been denied credit due to deceased reporting, you're entitled to free reports within 60 days of the denial

What to Look For: When reviewing your credit reports, search for:

  • "Deceased" field showing "Yes" or similar indicator
  • Date of death listed on your personal information section
  • Accounts marked as "closed - account holder deceased"
  • Alerts or flags indicating deceased status
  • "Date file opened" or "Date of last activity" that contradicts any alleged date of death

Document Everything:

  • Take screenshots of online reports showing the deceased indicator
  • Print physical copies
  • Note the date you pulled each report
  • Save confirmation emails or access codes
  • Keep records of which CRA(s) show the error

Your Rights Against CRAs

Right to Dispute: Under FCRA Section 1681i, you have the absolute right to dispute any inaccurate information in your credit file, including deceased status. The CRA must investigate—they cannot simply ignore your dispute or claim the information is "verified" without conducting a reasonable investigation.

Right to Sue:

 If a CRA violates your rights under the FCRA, you can sue for:

  • Actual damages (all financial losses caused by the error)
  • Emotional distress damages (anxiety, humiliation, mental anguish)
  • Statutory damages ($100-$1,000 for willful violations)
  • Punitive damages (to punish egregious conduct)
  • Attorney fees and costs (meaning you don't pay out of pocket for legal representation)

    • Related Terms

    See also: Automated Systems | Credit File | Glossary

    If a Consumer Reporting Agency has wrongly reported you as deceased, contact the Law Firm of Joseph P. McClelland for a free case evaluation. We've successfully represented hundreds of consumers against Equifax, Experian, and TransUnion, and we know exactly how to hold these agencies accountable for their failures under the FCRA.