Sue Equifax? Here's 5 Reasons Equifax Can Be Sued.

By Attorney Joseph McClelland

Lawsuits Against Equifax

Can I Sue Equifax?

  • You can sue Equifax, but you may need to take certain steps depending on the reason.
  • Suing Equifax requires that Equifax did something wrong like Equifax reporting you as dead, Equifax mixed you up with someone else, Equifax refused victim's rights with identity theft, or failed to investigate a credit error.
  • The law used by attorneys to sue Equifax is the Fair Credit Reporting Act (FCRA).

Can you sue Equifax? Yes. You can sue Equifax, but of course, you will need a proper case in order to do so successfully. And this article we will review the top reasons consumers have to. Before we begin, let me know that my name is Joseph McClelland. I regularly sue Equifax and the other credit reporting agencies for inaccurate credit reporting.

What are the top reasons to sue Equifax?

Before we begin, let's go over why you can sue Equifax. For the most part, you will be suing under the Fair Credit Reporting Act or FCRA. This is the law that governs how credit reporting agencies report and investigate disputes. For the most part, each state has a small selection of laws regarding credit reports, however, they cannot contradict the federal law.

Number one reason to sue Equifax? 

The top reason that most people Sue Equifax is an allegation that Equifax failed to do a reasonable investigation to a dispute. So, let me break that down. Many people will review their credit report and see an error. 

They will then take the time and provide Equifax with the proper documentation showing that the credit report contains an error.

Equifax then, presumably, notifies the business that provided them that disputed info. When that business responds to Equifax, Equifax has a legal obligation to do his own investigation.

This is the reason that most people are going to sue Equifax. In this circumstance, as you see, Equifax was not the original creator of the problem. The problem started with another business.

However, that business provided inaccurate info to a fax. Unfortunately for Equifax, it's investigation allegedly is not successful to many consumers.

The types of errors that people often dispute could be as simple as an incorrect balance, an incorrect payment history, incorrect addresses, unauthorized inquiries, identity theft, deceased on credit, and more.

The second reason many people will sue Equifax is that Equifax has falsely reported they are dead on their credit reports.

For decades credit reporting agencies such as Equifax and the Social Security Administration, have had difficulties determining exactly who is alive and who is dead. Many times, Equifax says you're dead.

Many people don't contemplate the fact that there is a master list of people and their social security numbers showing that they are dead. However, nefarious people among us, have learned ways to utilize that information for identity theft.

Many people will try to open accounts and a deceased person's name, so they aren't responsible for the bill. This is highly illegal.

Because of the sphere, it is difficult for many consumers to convince a credit reporting agency that they are not deceased. I have seen consumers fight the credit bureaus for months and years trying to get this resolved before they brought in law firm.

Being deceased on your credit report is no joking matter because they generally will start to close all of your accounts including your bank accounts. This creates massive turmoil in your life.

Another reason people Sue Equifax is because Equifax has combined their file with another person's file.

Mini X the credit bureaus have an issue keeping people's personal identifiers separate from each other. That means that your account information to be on someone else's account.

Someone else's information to be on your account. Who knows, right?

We call these next files or merge files. As the name implies it just means that people's account information has been scrambled up.

What is particular about this type of credit issue, is that the error starts

The times of errors people often this you could be as simple as an incorrect balance, and incorrect payment history, incorrect addresses, unauthorized inquiries, identity theft, deceased own credit, and more.

The second reason many people will sue Equifax is that Equifax has a falsely reported they are dead other credit reports.

For decades credit reporting agencies such as Equifax and the Social Security Administration, have had difficulties determining exactly who is alive and who is dead.

Many people don't play the fact that there is a master list of people and their social security numbers showing that they are dead. However, nefarious people among us, have learned ways to you you lies that information for identity theft.

Many people will try to open accounts and a deceased person's name, so they aren't responsible for the bill. This is highly illegal.

Because of this, it is difficult for many consumers to convince the credit reporting agency that they are not deceased. I have seen consumers fight the credit bureaus for months and years trying to get this resolved before they called me.

Being marked as dead is no joking matter because they generally will start to close all of your accounts, including your bank account. 

This trades message turmoil in your life.

Another reason people Sue Equifax is because Equifax has combined their file with another person's file.

Many times the credit bureaus have an issue keeping people's personal identify is separate from each other. 

That means your account information could be on someone else's account. Someone else's information should be on your account. Who knows, right?

These are mixed files or merged files. As the name implies it just means that people's account information has been scrambled up.

What is particular about this type of credit issue, is that the error starts with the credit bureaus.

In many of the other examples, the error is because of a third party. In these circumstances, it's really the credit bureaus that shoulder the blame.

Another reason people sue Equifax is because of identity theft. 

Identity theft is a huge issue across the country. Victims of identity theft or often have numerous accounts that did not approve in the credit report. It'll be a nightmare for them to try to get those accounts erased.

Most likely they will not be able to do so without putting up a tremendous fight. However, these consumers do have rights. Specifically, in these types of situations, consumers should consider notifying the credit bureaus of each account or inquiry that they did not specifically authorize.

Although they can do this online, it is not the best way. In fact, we find this to be not your best option in almost any circumstance.

We also don't recommend that you call the credit bureaus to try to fix identity theft. They are going to need more information than you can provide over the phone. 

This means that at best you'll be pushed along to someone else. I'll top of that, you're not creating for yourself the proper paper trail that you may want in case you have to get into litigation to fix the type of issue. Many people have to get into litigation to fix these types of issues.

The best way to fix a type of issue is to do it by mail.

The best way to mail a dispute to Equifax to fix identity theft is by certified mail return receipt requested. Therefore, you got proof that they actually received your dispute letter in the mail

In the dispute letter, you will want to include accounts that are not yours. You want to include the account numbers. And, you will need to include one of the three items.

Or, you may want to include an identity theft affidavit. Or, you may want to include specific language that is under the penalty of perjury that what you were stating is accurate.

Once you have properly done this the credit bureaus for identity theft, must correct information within four business days. Moreover, within 30 days it absolutely must be gone. There you go, my friends.

Frequently Asked Questions:

Can I File a Lawsuit against Equifax?

Yes and no. I hear and read things about people going to small claims court without a lawyer. Filing a complaint in small claims court is a mistake for a million reasons. For one, you are limited to a certain amount of compensation. Another reason it's a huge error is that you have no documents to prove Equifax was negligent. You can't do it like that. You will not receive damages from your claim. That means you lose money and get made to look like a fool in a hearing in front of a judge. Small claims court is fool's gold. Don't do it. You can't make it work.

I personally think small claims court is a joke for these types of cases. These are not small cases.

How do you know if you were affected by the Equifax data breach?

I would focus on if your credit report is currently accurate. I, personally, think the settlement is too small to worry about. Make sure you have an accurate report. Monitor your report periodically. That's the best you can do.

In Conclusion

Those the top reasons of consumers are suing Equifax. Please remember, these are federal cases. You must be correct to file a lawsuit against Equifax. This is no game. We require absolute accuracy for any case that we take moving forward. We can help you obtain that proof.

However, we cannot help you attain that proof that we will not be able to move forward in certain circumstances. 

We wish you the best and look forward to speaking with you. There was a contact form on this page for you to reach out to us thanks. If you would like a free consultation, please reach out today.

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