How to Sue Experian for Ignored Credit Report Dispute (2024)

What is on an Experian credit report?

One of the three big credit reporting agencies, Experian, provides information on consumers’ credit backgrounds to businesses looking into someone’s creditworthiness and risk in lending. Banks and lenders often request a consumer’s Experian credit report to determine a loan approval and amount.
Lenders aren’t the only entities who can receive an Experian credit report.

  • background checks to employers
  • tenant screening to residential and commercial landlords
  • patient financial screening to healthcare providers

You have the right to request and view a copy of your Experian credit report. It’s essential to examine the information included in the report carefully. Unfortunately, errors appear on credit reports often and carry serious consequences. You can request a free copy of your Experian credit report at annualcreditreport.com. This website is where the big three credit reporting agencies allow you to request one report from each of them for free each year. It is important to ensure your credit file with each agency is correct.

Is there an Error on Your Experian Credit Report?

The costs of an Experian credit report error include:

  • a lower credit score
  • higher interest rates for your credit card, private student loans, and home mortgage
  • higher insurance premiums for your home and car
  • loss of a job opportunity
  • denial of loan and credit applications

While multiple common errors can appear on your credit report, the one we most often see is a mixed file or merged account.

An example of an Experian credit report error was merging one consumer’s files with another’s in the following case.
In Sheffer v. Experian Information Services, the Plaintiff, Richard Sheffer’s, Experian credit report was merged with another deceased person who had opened accounts before Sheffer was born. Sheffer filed an Experian dispute that the account was not his and to remove it. Experian failed to correct the error, and Sheffer sued Experian for violating the Fair Credit Reporting Act (FCRA) and his consumer rights. The law firm of Francis Mailman Soumilas, P.C. is proud to have represented Sheffer in this case.

You Have the Right to Dispute an Error on Your Experian Credit Report

How to Sue Experian for Ignored Credit Report Dispute (1)
Experian Credit Report Error Disputes and Your Rights Under the FCRA:

  • You are entitled to a copy of your file.
  • You have the right to dispute errors on your credit report.
  • Anyone who uses your credit report against you, such as denying you credit, a loan, an apartment, or a job, must notify you.

If inaccurate information is on your Experian credit report, contact Experian immediately to file a dispute.

How to Submit an Experian Dispute

You can start an Experian credit report dispute in the following ways:

  • Write a dispute letter and send it through certified mail to the Experian dispute mailing address: Experian, P.O. Box 4500, Allen, TX 75013. Sending your dispute through certified mail will allow you to track your information and know when Experian has received it.
  • Contact Experian by phone at (888) 397-3742. You may also want to contact them by phone once they have received your letter.
  • Fill out Experian’s online dispute form from their website.

Though the phone and online dispute options are available, the best way is by mail. This way, you can have a record of communication. If you contact Experian by phone, keep records of dates and times, the names of people you speak with, and discussions on the call.

How Long Does an Experian Credit Report Dispute Take?

Experian has 30 days from the date of the dispute to verify that the information is incorrect and correct or remove the mistake.
What if Experian Does Not Correct My Credit Report after 30 Days?
Suppose no correction is made to your Experian dispute results after 30 days. In that case, the FCRA grants you the right to sue Experian.

Experian Complaints, Cases, and Lawsuits

The following are complaints and cases recently filed by the consumer law firm Francis Mailman Soumilas, P.C.
If you have experienced any of the following, you, too, may have a case. Call us at 1-877-735-8600 for a free case evaluation.
Stanley Marcell Cain v. Experian Information Solutions, Inc. – E.D. PA – The Plaintiff has an inaccurate account reporting on his Experian credit report. Defendant mixed Plaintiff’s information and is reporting another person’s account on Plaintiff’s Experian credit report. The Plaintiff disputed with Experian, but Experian verified the false information on the account. As a result of Experian’s inaccurate reporting, Plaintiff has been denied credit opportunities.

Judy Ann Sego v. Experian Information Solutions, Inc. – N.D. G.A. – Plaintiff is listed as deceased on two accounts on her Experian report. The Plaintiff is not deceased. As a result of this inaccurate reporting, Plaintiff has lost opportunities to obtain credit.

Tyshaon Johnson v. Experian. Experian has mixed Plaintiff Tyshaon Johnson, Sr’s file with his son Tyshaon Johnson, Jr. As a result of the mixed file, a collection account with CACI appears on Plaintiff’s Experian credit file. The Plaintiff has been denied credit due to the inaccurate collection account on the Experian credit report.

Nikolas v. Experian. – N.D. C.A. – The Plaintiff has an inaccurate account reporting on her Experian credit report. The Plaintiff has never had an Affirm account listed on the Experian credit report. The Plaintiff disputed with Experian several times, but the account continued to be verified. As a result of this account’s reporting, Plaintiff’s mortgage loan application was put on hold.

Steelman v. Experian. Experian Information Solutions, Inc. has faulty procedures that result in mixing consumers’ files and credit reports. Experian made these errors on Plaintiff’s credit reports when it mixed Plaintiff with another consumer who has significant derogatory accounts, including a bankruptcy. Because the other consumer’s negative information was on Plaintiff’s credit reports, he was denied the ability to use his credit to make purchases.

Traina v. Specialized Loan Servicing, Trans Union, Equifax and Experian. Plaintiffs’ mortgage servicer was Specialized Loan Servicing. When the pandemic began, just like many other homeowners, the plaintiffs were hit with financial stress and qualified for and agreed to a forbearance. Despite the forbearance agreement, Specialized Loan Servicing began reporting to Trans Union, Experian, and Equifax that plaintiffs were late on their mortgage payments. Despite multiple disputes, Specialized Loan Servicing, Trans Union, Experian, and Equifax all failed to correct the inaccurate reporting, and the Plaintiffs suffered financial damage as a result.

Walter Ray Sheldon Brown v. Experian. Southern District of Texas – Experian has mixed Plaintiff’s credit file with the credit file of another consumer. Experian knows that it must use heightened matching criteria when matching common names. As a result of the mixed file, Plaintiff has been unable to rent a home.

Michael Ruzbarsky v. Experian. The Plaintiff is the victim of identity theft. He disputed two fraudulent accounts with Experian. In his Experian dispute, he included a police report and an identity theft affidavit. Experian failed to block the fraudulent accounts and verified them as accurate.

Barbara Williams v. Experian. The Plaintiff had two medical collection accounts on her Experian credit report. The accounts belong to her adult son, for whom she is not responsible. The Plaintiff disputed the two inaccurate collections accounts with Experian. Experian failed to perform a reasonable investigation into Plaintiff’s disputes and verified the collection accounts as accurate.

Jermaine Cobbins v. Experian. – When Plaintiff traded his car into an auto dealership, the dealership failed to make a timely payoff to Capital One. The late payment made by the dealership was then listed on the Plaintiff’s Experian credit report. The Plaintiff had no other late payments. The dealership acknowledged the error, and the Plaintiff disputed the late payment on his auto loan to Experian with a letter from the dealership. Despite the letter from the dealership, Experian verified that the Plaintiff made a late payment.

LaPeruta v. Experian, TransUnion, Equifax and Navient. – Plaintiff’s credit reports are inaccurate. The inaccurate information is at least two accounts from the Deptartment of Education/Navient; social security numbers; addresses; and phone numbers that do not belong to her but belong to another person. Due to the faulty procedures of Experian, TransUnion, and Equifax, the Plaintiff was mixed with at least one other consumer on her credit reports. Plaintiff disputed the inaccurate information, which was not corrected by any of the bureaus. She was denied a mortgage.

Pauline Odeyemi v. Experian – Plaintiff is the victim of identity theft. She disputed two fraudulent accounts with Experian and, in her dispute, included a police report and an identity theft affidavit. Experian failed to block the fraudulent accounts and verified them as accurate.

Ralphael Small v. Experian. – Plaintiff found two collection accounts on his Experian credit report that do not belong to him. The accounts belong to Plaintiff’s twin brother, who has a very similar name to Plaintiff. As a result of the similarity in names, Experian mixed Plaintiff’s file with his twin brother. Plaintiff disputed the accounts, but Experian verified them as accurate.

Amanda Fortes v. Trans Union, Experian, LendingClub, Credit One, and HarborOne. – Plaintiff’s credit report is mixed with another consumer’s, and the other consumer’s credit accounts appear on Plaintiff’s Trans Union and Experian reports. The accounts are from LendingClub, Credit One, and HarborOne. Plaintiff attempted to have the reports corrected by disputing the accounts to Trans Union and Experian; however, the dispute did not fix the error due to Defendant’s faulty procedures, and the accounts remain. Plaintiff has been denied the use of her credit as a result.

Christian Peyton v. Experian. – Plaintiff discharged his Chapter 13 bankruptcy in August 2020. Despite the bankruptcy being discharged, Experian failed to report the discharge date. Plaintiff disputed to Experian but Experian verified the inaccurate information as correct.

Cindy Gomez v. Experian. Experian mixed Cindy Gomez’s file with the file of a Cynthia Gomez. Names, addresses, and collection accounts belonging to Cynthia Gomez are appearing on Cindy Gomez’s Experian credit report. As a result, Cindy Gomez could not pre-qualify for a mortgage.

Sue for an Unsettled Experian Dispute

When you file a dispute by mail, online, or over the phone, Experian has a 30-day window to verify that the disputed information is incorrect and fix the error.
Suppose Experian ignores your dispute or verifies the inaccurate information as correct after 30 days. In that case, the attorneys at Francis Mailman Soumilas, P.C. are here to help you sue Experian.

Fill out the online form to start your free case review, or call us now at 1-877-735-8600. There is no obligation for the free case review and no fee until we win.

Experian Contact Information

  • Address: P.O Box 4500
  • City: Allen
  • State: Texas
  • Zip Code: 75013
  • Phone: (888) 397-3742
  • Website: www.experian.com
How to Sue Experian for Ignored Credit Report Dispute (2024)

FAQs

How do I file a lawsuit against Experian? ›

To sue Experian, you should work with a consumer protection lawyer, sometimes referred to as a credit reporting lawyer. Consumer protection attorneys are highly experienced in all legal matters arising under the Fair Credit Reporting Act (FCRA) and related legislation.

How do I file a complaint against Experian? ›

By Phone: Contact Experian's National Consumer Assistance Center at 1 888 EXPERIAN (1 888 397 3742). If you already have an Experian credit report you can dispute your information online. Or, contact us at the phone number on your report. We cannot accept disputes via email.

What if my dispute is ignored or I disagree with the results of a credit report dispute? ›

You have the right to bring a lawsuit.

For additional help getting a response from the credit reporting company: Speak with a lawyer. You may also qualify for free legal services in your community, if you need additional help and legal advice. If you are a servicemember, you can contact your legal assistance office .

Has Experian ever been sued? ›

Steelman v. Experian. Experian Information Solutions, Inc. has faulty procedures that result in mixing consumers' files and credit reports. Experian made these errors on Plaintiff's credit reports when it mixed Plaintiff with another consumer who has significant derogatory accounts, including a bankruptcy.

How much are people getting from Experian settlement? ›

Under the Settlement, Experian has agreed to establish a $22 million Settlement Fund to pay for (1) credit monitoring services and identity theft insurance; (2) cash payments to Class Members for reimbursem*nt of certain out-of-pocket costs and up to $20 per hour for up to seven hours for time spent addressing or ...

Why are people filing a settlement against Experian? ›

SANTA ANA, California – ConsumerInfo.com Inc., which does business as Experian Consumer Services (Experian), has agreed to a permanent injunction and to pay a $650,000 civil penalty as part of a settlement resolving alleged violations of federal law that requires senders of commercial emails to notify the recipients of ...

What is the 609 loophole? ›

2) What is the 609 loophole? The “609 loophole” is a misconception. Section 609 of the Fair Credit Reporting Act (FCRA) allows consumers to request their credit file information. It does not guarantee the removal of negative items but requires credit bureaus to verify the accuracy of disputed information.

How do I dispute an Experian and win? ›

How to Dispute Credit Report Items Online With Experian
  1. Gather the necessary documents. ...
  2. Start a new dispute in the Dispute Center. ...
  3. Review your credit report. ...
  4. Choose the item to dispute. ...
  5. Indicate the reason for the dispute. ...
  6. Review and submit the dispute.
Jul 22, 2024

What if an investigation does not resolve my dispute? ›

General information. If a party is dissatisfied with the outcome of the investigation, and the case has not been settled or accepted by CRD to file a lawsuit in court, that party may appeal CRD's closure of the case. The first step in filing an appeal with CRD is to review the closure letter you received.

Can I sue a company for incorrect credit reporting? ›

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

What happens if a company doesn't respond to a credit dispute? ›

Second, if the furnisher does not respond, the credit reporting agency is legally required to delete the disputed information from your credit report. Third, if the error is not corrected, you have a potential legal claim under the FCRA – but ONLY if you have sent a dispute to the credit reporting agency.

How can I sue Experian? ›

How to Sue Experian
  1. Understand Your Rights Under the Fair Credit Reporting Act. ...
  2. Document Your Damages. ...
  3. Review Your State's Restrictions. ...
  4. Consider Alternatives. ...
  5. Write a Demand Letter. ...
  6. How to Send a Demand Letter. ...
  7. Start your Small Claims Forms. ...
  8. Serve your Small Claims Paperwork.
Mar 21, 2023

Can I get my money back from Experian? ›

Refunds – New Customers: You are entitled to a cancellation period of 14 days following the date that your subscription for a Service is activated (“Cooling Off Period”). By signing up for a Service, you are requesting that we provide the Service to you within your Cooling Off Period.

How trustworthy is Experian? ›

Experian has a solid reputation and over 125 years of industry experience. It's recognized globally for various credit-related services and currently serves consumers in 30 countries.

Can you sue the credit bureaus? ›

Under the Fair Credit Reporting Act (FCRA), credit reporting agencies have a strict timeline they must follow when handling disputes. If this is violated or they continue to give out incorrect information by failing to remedy the inaccuracies on your report, you may consider filing a lawsuit.

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