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IDENTITY THEFT LAWYERS

CONSUMER RIGHTS LAWYERS

Understanding Identity Theft Laws: MICHIGAN CREDIT LAWYERS

4/23/2024

 

UNDERSTANDING IDENTITY THEFT LAWS IN MICHIGAN FROM A CREDIT LAWYER'S PERSPECTIVE 

Identity theft lawyers understand that identity theft laws often intersect between criminal laws intended to punish criminals, civil laws intended to compensate or make identity theft victims whole, and consumer protection laws intended to protect identity theft victims.  Each type of law can offer various protections and benefits, but for practical purposes the consumer protection laws regarding identity theft can help consumers restore their credit and identity, and move on with their lives.

WHAT ARE IDENTITY THEFT LAWS? 

​Identity theft laws are intended to protect individuals from having their personal information misused by others for fraudulent purposes and unauthorized transactions. Identity theft laws aim to prevent unauthorized access to personal data such as social security numbers, credit card information, and other sensitive details, which can be used to open new, fraudulent accounts, or to access existing accounts without authorization.  

Other identity theft laws can help consumers dispute credit report errors and file lawsuits under federal or state consumer protection laws with the help of a credit lawyer or identity theft lawyer. These types of lawsuits are intended to protect consumers from inaccurate credit reports, such as fraudulent accounts or fraudulent charges appearing on the identity theft victim's credit report.

TYPES OF IDENTITY THEFT LAWS

​There are many types of identity theft laws, including criminal statutes that outline specific illegal activities related to identity theft. Civil lawsuits are also available to provide victims with legal recourse to recover damages caused by identity theft. Additionally, there are federal and state laws addressing different aspects of identity theft, such as credit reporting, data breaches and identity fraud.

Michigan Identity Theft Laws and Resources

There are various federal and state laws intended to protect identity theft victims in Michigan, including laws intended to deter identity theft in the first place, laws that limit the use of personal information to prevent identity theft or unauthorized transactions, and laws intended to protect identity theft victims from inaccurate credit reports, such as identity theft credit report errors, and from being denied credit because of identity theft.

Michigan Identity Theft Protection Act

The Michigan Identity Theft Protection Act lists various prohibited activities that are crimes under MCL 445.65. These include using or attempting to use the personal identifying information of another person, with either intent to defraud, or by concealing, withholding, or misrepresenting the person's identity, to obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment. See MCL 445.65.
 
The Michigan Identity Theft Protection Act also prohibits using or attempting to use the personal identifying information of another person, with either intent to defraud, or by concealing, withholding, or misrepresenting the person's identity, to commit another unlawful act. See MCL 445.65.
 
The Michigan Identity Theft Protection Act also lists various defenses. See MCL 445.65.
 
In addition to the above, the Michigan Identity Theft Protection Act also lists various Additional Prohibited Activities regarding: the use of a business name without authority or approval, advertising, communications, and electronic activities, misusing, obtaining, possessing or selling personal identifying information, and falsifying an identity theft police report. See MCL 445.67.
 
Under the Additional Prohibited Activities, a person shall not:
  • Make any electronic mail or other communication under false pretenses purporting to be by or on behalf of a business, without the authority or approval of the business, and use that electronic mail or other communication to induce, request, or solicit any individual to provide personal identifying information with the intent to use that information to commit identity theft or another crime.
  • Create or operate a webpage that represents itself as belonging to or being associated with a business, without the authority or approval of that business, and induces, requests, or solicits any user of the internet to provide personal identifying information with the intent to use that information to commit identity theft or another crime.
  • Alter a setting on a user's computer or similar device or software program through which the user may access the internet and cause any user of the internet to view a communication that represents itself as belonging to or being associated with a business, which message has been created or is operated without the authority or approval of that business, and induces, requests, or solicits any user of the internet to provide personal identifying information with the intent to use that information to commit identity theft or another crime.
  • Obtain or possess, or attempt to obtain or possess, personal identifying information of another person with the intent to use that information to commit identity theft or another crime.
  • Sell or transfer, or attempt to sell or transfer, personal identifying information of another person if the person knows or has reason to know that the specific intended recipient will use, attempt to use, or further transfer the information to another person for the purpose of committing identity theft or another crime.
  • Falsify a police report of identity theft, or knowingly create, possess, or use a false police report of identity theft.

The Michigan Identity Theft Protection Act also prohibits certain conduct in trade or commerce.  See MCL 445.71.  In essence, these prohibitions pertain to the denial of credit or public utility services solely because the consumer was a victim of identity theft.  Under the Act, a consumer is presumed to be a victim of identity theft for the purposes of this prohibition if he or she provides the following: 
  1. A copy of a police report evidencing the claim of the victim of identity theft.
  2. Either a properly completed copy of a standardized affidavit of identity theft developed and made available by the federal trade commission under 15 USC 1681g or an affidavit of fact that is acceptable to the person for that purpose.
The Act also prohibits certain solicitations to extend credit to consumers who do not have existing lines of credit or credit cards or who have not applied for a line of credit or credit cards with the solicitor within the preceding year. 

The Act also prohibits banks, credit card companies or other financial institutions from extending credit to a consumer without exercising reasonable procedures to verify the identity of that consumer. 

Violations of the Michigan Identity Theft Protection Act can lead to criminal and civil penalties.

IDENTITY THEFT LAWS AND THE FAIR CREDIT REPORTING ACT

​Under the Fair Credit Reporting Act, credit bureaus and furnishers of credit information have various responsibilities to ensure accurate credit reporting, which encompass identity theft, credit report disputes, and credit report errors caused by identity theft.

Identity Theft And Credit Bureau Liability

Credit bureaus are referred to as Consumer Reporting Agencies in the Fair Credit Reporting Act.
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1. Reasonable Procedures: Credit Bureaus are required to follow reasonable procedures to assure maximum possible accuracy of consumer credit report information.  Credit report disputes can lead to lawsuits when a credit bureau fails to follow reasonable procedures when reporting consumer credit information. The failure to follow reasonable procedures can lead to a consumer protection lawsuit arising under 15 U.S.C. Sec. 1681e(b). 

2. Reasonable Reinvestigation of Consumer Disputes of Identity Theft: Credit bureaus are also required to Conduct A Reasonable Reinvestigation of Consumer Disputes under 15 U.S.C. Sec. 1681i. Credit report disputes can also lead to lawsuits when a credit bureau fails to conduct a reasonable reinvestigation of consumer credit report disputes of identity theft. During an FCRA lawsuit, your credit lawyer or identity theft lawyer can help discover whether the credit bureau conducted a reasonable reinvestigation of a consumer dispute. ​This will typically occur during the "discovery" phase of litigation where evidence of the furnisher's investigation can be obtained through written requests for information, documents, admissions, and depositions.

Identity Theft and Furnisher Liability

​Banks, lenders, credit card companies, debt collectors and other entities that report account/tradeline information on credit reports are referred to as Furnishers under the Fair Credit Reporting Act.

Failure to Conduct A Reasonable Investigation of Consumer Dispute By Furnisher of Credit Report Information: Credit report disputes can also lead to lawsuits when a furnisher fails to conduct a reasonable investigation of consumer credit report disputes of identity theft. During an FCRA lawsuit, your credit lawyer or identity theft lawyer can help discover whether the furnisher conducted a reasonable investigation of a consumer dispute.  This will typically occur during the "discovery" phase of litigation where evidence of the furnisher's investigation can be obtained through written requests for information, documents, admissions, and depositions.

​Litigation Practice Note: Prior to suing a furnisher under the FCRA for an unreasonable investigation, the consumer must first submit a credit report dispute to the credit bureau, which then sends the consumer’s dispute to the furnisher.
 

IMPACT OF IDENTITY THEFT LAWS AND CONSUMER PROTECTION STATUTES: DO THESE REALLY PROTECT YOU?

In short, identity theft laws may not prevent you from becoming an identity theft victim, but identity theft laws along with consumer protection laws can protect you and help you restore your credit if you are the victim of identity theft. 

Identity theft laws play a key role in combating identity theft and protecting individuals from financial and emotional harm if they become identity theft victims. Criminal identity theft laws provide some deterrence and restrict the use of personal information which can reduce the likelihood of identity theft or misuse of personal information. However, many cybercriminals are not be deterred by these laws, may be untraceable, or outside the jurisdiction of state or federal law enforcement.

Civil liability for identity theft can help consumers obtain recourse, but this is dependent upon identifying the criminal or perpetrator, which is not always possible. 

Consumer protection laws can offer broad protection and remedies to identity theft victims. Consumer protection statutes like the Fair Credit Reporting Act create private rights of action for certain identity theft victims and have fee-shifting provisions to ensure that consumers have access to credit lawyers and identity theft lawyers, who otherwise would be too expensive for the consumer to retain on their own or who would not be interested in pursuing identity theft lawsuits or credit report dispute lawsuits. 

CONSUMER PROTECTION LAWS PERMIT ACCESS TO IDENTITY THEFT LAWYERS AND CONSUMER LAWYERS

Congress understood that fee-shifting was necessary to encourage credit lawyers to take on consumer cases, and to enforce the Fair Credit Reporting Act through civil lawsuits/private actions on behalf of consumers. Thus, the Fair Credit Reporting Act is an incredibly powerful tool available to consumers and identity theft victims.  

The Fair Credit Reporting Act has encouraged consumer attorneys to handle credit and identity theft lawsuits, which in turn permits consumers to secure experienced credit and identity theft lawyers. Additionally, the Fair Credit Reporting Act helps consumers and identity theft victims restore their credit to ensure that credit bureaus and furnishers of credit report information do not report inaccurate information about identity theft victims or attempt to hold the identity theft victim responsible for fraudulent accounts or fraudulent transactions.  


Identify theft lawyers can help consumers report identity theft to the appropriate law enforcement agencies, dispute identity theft credit report errors, and help ensure that credit bureaus and furnishers, such as banks, financial institutions, and credit card companies, do not hold identity theft victims responsible by reporting fraudulent accounts or fraudulent charges on consumer credit reports. ​

SPEAK TO AN IDENTITY THEFT LAWYER AND CREDIT LAWYER NEAR YOU

Attorney Nick Hadous is an accomplished consumer lawyer licensed in Michigan, Arizona, and California.  He has litigated cases arising under the Fair Credit Reporting Act in federal district courts and federal courts of appeals. Mr. Hadous has helped consumers dispute their credit reports in accordance with the Fair Credit Reporting Act, including identity theft credit report errors, and other common credit reporting errors, and has helped consumers sue and recover damages against credit bureaus and furnishers of consumer information that violate the Fair Credit Reporting Act.  Mr. Hadous currently serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation, including the Fair Credit Reporting Act.

If you are struggling with identity theft credit report errors or other credit report errors, please
 contact us for a free phone or Zoom consultation by calling today or using the contact form below. 

Identity Theft Litigation: A Comprehensive Legal Guide

4/22/2024

 

UNDERSTANDING IDENTITY THEFT AND IDENTITY THEFT LAWS

​Identity theft can be a perplexing crime and leave victims feeling violated, shocked, and vulnerable. Often times, identity theft victims struggle to figure out how their personal information was compromised. When your personal information is stolen or misused, it can lead to financial loss, credit report errors, credit harm, damage to their reputation, and emotional distress. In today's digital age, where our identities are stored and shared online, the risk of identity theft is higher than ever and there are budding markets for stolen personal information.  An identity theft lawyer can help you take the steps necessary to reclaim your financial well-being. 

RECOGNIZING THE SIGNS OF IDENTITY THEFT

Detecting identity theft can be challenging. Recognizing the signs of identity theft are not always obvious and can be delayed until harm is done. Some common signs of identity theft include unauthorized transactions on your bank account, unauthorized or fraudulent charges on your credit card, receiving bills for services you didn't use, or being contacted by debt collectors for debts that aren't yours or that you do not recognize. If you notice any of these identity theft red flags, it's essential to act quickly to protect yourself from further harm.  Speaking to an identity theft lawyer near you can help you learn about the process of reporting identity theft, obtaining the documents needed to substantiate that you are a victim of identity theft, disputing identity theft credit report errors, and protecting yourself from identity theft.

TAKING LEGAL ACTION FOR IDENTITY THEFT CREDIT REPORT ERROR

Identity theft litigation typically involves holding the perpetrators accountable for their actions and seeking compensation for the damages you have suffered. This also typically includes the credit report agencies or furnishers (such as a bank or credit company) who fail to take the steps needed to restore your credit after identity theft.  If the credit agencies or furnishers fail to correct the inaccuracies or errors in your credit report, you may be able to file a lawsuit under the Fair Credit Reporting Act and recover damages.  An experienced identity theft attorney or credit attorney can guide you through the legal steps to dispute identity theft credit report errors, help you gather evidence, and represent your interests in court.

THE IMPORTANCE OF IDENTITY THEFT LAWYERS AND CREDIT LAWYER

​Identity theft lawyers can help you through the process of reporting and disputing identity theft.  If you have a claim for damages, your identity theft lawyer can help you gather and present evidence in court. Navigating the complexities of identity theft litigation on your own can be difficult, feel overwhelming and stressful. Having a knowledgeable credit attorney by your side can help you regain control and enforce your consumer rights. Identity theft attorneys will advocate for your rights under consumer protections laws, and work towards a favorable resolution.

PROTECTING YOURSELF FROM IDENTITY THEFT IN THE FUTURE

​Preventing identity theft is an ongoing process that requires vigilance and proactive measures such as reviewing your credit report for identity theft red flags. Additionally, taking steps to safeguard your personal information is also essential. This includes using strong passwords, multi-factor authentication, avoiding suspicious links or phishing scams, verifying sources requesting your personal information, and keeping your phone, computer, and software current. Regularly monitoring your financial accounts and credit reports can help you detect any suspicious activity early on and take swift action to address it.

SPEAK TO AN IDENTITY THEFT LAWYER NEAR YOU

Attorney Nick Hadous is an accomplished consumer lawyer licensed in Michigan, Arizona, and California with a record of success in FCRA litigation in federal trial and appellate courts.  Mr. Hadous has litigated consumer law issues under the Fair Credit Reporting Act and other consumer protection statutes extensively.  He has helped consumers dispute identity theft credit report errors, other common credit reporting errors, and has helped consumers sue and recover damages against the credit bureaus and furnishers of consumer information under the Fair Credit Reporting Act.  Mr. Hadous currently serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation.

If you are struggling with identity theft credit report errors or other credit report errors, please
 contact us for a free phone or Zoom consultation by calling today or using the contact form below. 

HOW TO OBTAIN YOUR BACKGROUND CHECK REPORT BEFORE BACKGROUND CHECK ERRORS COST YOU A JOB OR HOUSING

4/18/2024

 

BACKGROUND CHECK ATTORNEYS SUGGEST REVIEWING YOUR BACKGROUND CHECK REPORT FOR ERRORS

Background check errors can be costly and seemingly come out of nowhere when you apply for a job or housing. Although background check errors and credit report errors can occur at any time, periodically reviewing your background check report and credit report for errors can help prevent background check errors or credit report errors from costing you a job or housing. 

UNDERSTANDING THE IMPORTANCE OF A BACKGROUND CHECK AND BACKGROUND CHECK ERRORS CAN AFFECT YOU

Background check attorneys recommend reviewing your background check for errors when applying for a new job or your employer has requested your permission to perform a background check.

Before obtaining your background check report for employment to review for background check errors, you should understand the significance of background checks. Employers conduct background checks as part of the hiring process to ensure that they are making informed hiring decisions and to evaluate your suitability for the job which you are applying.

Background Check Lawyers Can Help You Dispute Background Check Errors

If you discovery any background check errors either before you apply for a job or during the application process, a background check lawyer can help you take immediate action such as disputing the background check errors with the screening company (known as a consumer reporting agency under the Fair Credit Reporting Act).

WHERE TO OBTAIN YOUR BACKGROUND CHECK REPORT

​One of the firsts steps you can take to obtain your background check report is to know and understand the type of background check being conducted by your potential employer. Depending on the position you are applying for, the background check may include criminal history background check, credit history check, prior employment verification, and verification of your education.  It is important to verify whether your background check may contain errors, especially criminal background check errors that can cause denial of employment or loss of employment.

HOW TO REQUEST YOUR BACKGROUND CHECK REPORT

​Once you are aware of the type of background check being conducted, you should request a copy of your background check report. There are many consumer reporting agencies that assemble and sell background check reports to prospective employers such as Checkr, Inc., GoodHire, HireRight, Intelius, and others.  You should review whether there are any background check errors. You can also request a copy of your background check from the employer or the third-party screening company that the employer hired to conduct the background check or paid for the background check report. 
If you find background check errors, are denied employment or lose your current employment because of background check errors, you should consider consulting a background check attorney.

BACKGROUND CHECK ERRORS AND YOUR CONSUMER RIGHTS

Background check attorneys can help you understand your consumer rights if you were harmed by background check errors. The Fair Credit Reporting Act (FCRA) provides consumers with rights and remedies, and you may be able to recover damages for background check errors.  A background check lawyer will typically review the background check report errors with you and help you obtain evidence to dispute the background check errors and any other inaccuracies contained in the background check report.

WHAT TO DO ABOUT DIFFICULTIES OBTAINING YOUR BACKGROUND CHECK REPORT

​In some cases, you may encounter difficulties obtaining your background check report, particularly if the information is being withheld by the employer or the background screening company. In such cases, you should speak to a background check attorney about to ensure that your consumer rights are being upheld.

SPEAK TO A BACKGROUND CHECK LAWYER TODAY IF YOU WERE DENIED A JOB OR HOUSING BECAUSE OF BACKGROUND CHECK ERRORS

If you were denied employment because of background check errors, you are not alone and should speak with a background check attorney about your consumer rights under the Fair Credit Reporting Act.  Our background check attorneys in Michigan understand how background check errors can occur, and can help you take the steps needed to dispute background check errors, remove the background check errors, and in some cases seek damages for harm caused by errors contained in your background check report.  

Attorney Nick Hadous is an accomplished consumer protection attorney licensed in Michigan, Arizona, and California with a track record of success in FCRA cases in trial and appellate courts, including federal courts in Michigan, Arizona, and the Ninth Circuit Court of Appeals.  We have helped consumers correct credit report errors and pursue damages for costly errors.  In addition, Mr. Hadous currently serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection lawsuits.

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If you are a victim of background check errors, you can reach out to us today for a free Zoom or phone consultation by calling today or using the contact form below.   

CREDIT ATTORNEYS: LAWSUITS AFTER DISPUTING CREDIT REPORT ERRORS

4/16/2024

 

CREDIT ATTORNEY LAWSUIT BASICS

Credit lawyers play a pivotal role in safeguarding consumer rights by filing lawsuits under the Fair Credit Reporting Act for credit report errors. Lawsuits based on inaccurate credit reporting, identity theft credit report errors, and background check errors can occur before or after disputing your credit report. Credit attorneys can help empower consumers to enforce the protections afforded by the Fair Credit Reporting Act and other consumer protection statutes.

​THE LEGAL BASIS FOR LAWSUITS FILED BY CREDIT ATTORNEYS

Credit attorneys typically focus on consumer protection laws like the Fair Credit Reporting Act (FCRA). The FCRA is a consumer protection statute that outline the rights and responsibilities of both consumers, consumer reporting agencies such as credit bureaus and background check reporting companies, and furnishers of tradeline information on your credit report such as banks, lenders, creditors, credit card companies, and debt collectors. When credit laws laws are violated, credit attorneys can step in to hold wrongdoers accountable in court and to seek just compensation for consumers.

Benefits of A Credit Attorney in LAWSUITS

Navigating credit disputes and the legal framework for protecting your rights under the FCRA can be daunting for the average consumer. By hiring a skilled credit attorney, consumers can benefit from the attorneys’ knowledge and experience disputing credit report errors and litigating common credit report errors and legal issues in court.  

​Credit Attorney: Overview of Credit Lawsuits

There are many different types of legal claims and theories that encompass credit reporting disputes and credit lawsuits and these can exists in various contexts, such as credit reporting errors, identity theft credit report errors, and background check errors.  We will discuss some of the broad types of claims applicable to credit disputes and consumer reporting issues.

Credit Lawsuits: Consumer Reporting Agency Failure to Follow Reasonable Procedures to Assure Maximum Possible Accuracy Of Consumer Credit Report Information 

​Credit disputes can lead to lawsuits when a credit bureau fails to follow reasonable procedures to assure maximum possible accuracy of the reported consumer information contained in credit reports. This type of claim is appropriate when the consumer reporting agency follows unreasonable procedures or reports information from unreliable sources despite notice of the unreliability of the information.  This can lead to widespread credit report errors affecting many consumers. Your credit attorney can conduct discovery of the consumer reporting agency’s procedures during a lawsuit.  

Credit Lawsuits: Consumer Reporting Agency Failure to Conduct A Reasonable Reinvestigation of Consumer Dispute 

Credit disputes can also lead to lawsuits when a credit bureau fails to conduct a reasonable reinvestigation of consumer disputes. Credit bureaus will typically forward consumer disputes to furnishers to verify the accuracy of the reported information.  However, the credit bureau is still required to conduct its own investigation especially where the consumer provides sufficient information demonstrating the inaccuracy, the credit bureau knows of the inaccuracy or can otherwise independently verify the consumer dispute, such as in post-bankruptcy credit reporting. Your credit reporting lawyer can conduct discovery of the reinvestigation that was done by the credit bureau, if any, during a lawsuit. This type of claim is appropriate when the consumer reporting agency fails to conduct a reasonable reinvestigation when the consumer disputes credit report information.

Failure to Conduct A Reasonable Investigation of Consumer Dispute By Furnisher of Credit Report Information

​Credit disputes can also lead to lawsuits when a furnisher fails to conduct a reasonable investigation of consumer disputes. A furnisher is an entity that reports consumer information to the credit bureaus.  Examples of furnishers include credit card companies, banks, mortgage lenders, collection agencies, and other creditors. The FCRA requires consumers to dispute directly with the credit bureaus, which forwards the dispute to the furnisher.  Thus, to be able to sue a furnisher under the FCRA it is necessary to dispute credit report errors through the credit bureau first.  A dispute directly to the furnisher instead of the credit bureau does not suffice. Furnishers are required to conduct a reasonable investigation of consumer disputes and either verify the credit reporting, correct the inaccuracy in the credit report, or delete the inaccuracy in the credit report. Your credit lawyer can conduct discovery of the investigation, if any, that was done by the furnisher during a lawsuit.  This type of credit reporting claim is appropriate when the furnisher fails to conduct a reasonable investigation of a consumer dispute of credit report information.

CAN YOU RECOVER DAMAGES FOR CREDIT REPORT ERRORS

Yes. Damages can be recoverable in credit report lawsuits, including after disputing credit report errors that do not result in the correction of inaccuracies and errors in your credit report. Credit attorneys play a crucial role in helping gather and present evidence of harm in credit lawsuits to help consumers recover damages for harmful credit reporting errors.
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There are several categories of damages that may be available in credit lawsuits under the Fair Credit Reporting Act.

​Actual Damages For Credit Report Errors

Actual damages include losses you incurred that were directly caused by an FCRA violation.  Actual damages can include financial loss as well as emotional distress, humiliation, medical injury and other physical or non-physical harm so long as the injury is real and sufficiently serious.  
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Actual damages can be awarded for negligent or willful violations of the FCRA. Your credit attorney can help you gather evidence of actual damages and losses to help pursue damages for credit report errors.

​Statutory Damages For Credit Report Errors

Statutory damages may also be available for credit report errors if the consumer reporting agency or credit bureau commits a “willful” violation of the FCRA. Statutory damages range from $100 to $1,000 per violation.  Statutory damages are not the same as actual damages and may be awarded even in the absence of actual damages. However, as noted, the threshold requires a showing of a willful violation, which is higher than the standard for recovering actual damages, which only requires a negligent violation of the FCRA.

​Attorneys’ Fees For Credit Report Errors

Attorneys’ fees may also be recovered in FCRA actions.  The FCRA contains a fee-shifting provision which allows consumers to recover their reasonable attorneys’ fees.  Fee-shifting statutes are important because these permit greater access to consumer attorneys who can handle your case on a contingent fee basis because of the recoverability of attorneys’ fees. If attorneys’ fees were unavailable, consumers would have a much harder time hiring consumer attorneys unless the consumer was willing to pay the lawyer out of their own pocket. Congress understood this and therefore included fee-shifting provisions in the FCRA to encourage consumer attorneys to represent consumers in FCRA lawsuits.  

​Punitive Damages For Credit Report Errors

In some cases, punitive damages may be awarded. Punitive damages may be awarded in FCRA cases when a furnisher or consumer reporting agency willfully violates the FCRA. Willful violations occur when there is intentional or reckless conduct, which demonstrates a disregard for the rights of consumers. Credit attorneys can develop this type of evidence during the discovery phase of FCRA lawsuits. 
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The amount of punitive damages can vary, and depends on the evidence and harm. There is no limit to the amount of punitive damages that may be awarded in FCRA actions. Your credit attorney

SPEAK TO A CREDIT LAWYER IF YOU HAVE CREDIT REPORT ERRORS, IDENTITY THEFT CREDIT REPORT ERRORS, OR BACKGROUND CHECK ERRORS

Don't let costly credit report errors, identity theft, or background check errors go unchecked. We fight for consumers and help consumers seek damages for violations of consumer rights. We take on the credit bureaus, background check reporting companies, lenders, credit card companies, as well as any abusive debt collectors or collection agencies that harass consumers.  

Attorney Nick Hadous is a seasoned consumer attorney licensed in Michigan, Arizona, and California with a track record of success in various types of FCRA cases.  He has litigated consumer law issues in trial courts and has been successful in numerous hotly contested appeals of FCRA cases in the Ninth Circuit.  We have helped consumers dispute identity theft credit report errors, and correct credit report errors through removal of inaccurate information caused by identity theft and other common credit reporting errors. 

Mr. Hadous currently serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection lawsuits.

If you believe you are a victim of identity theft or if your credit report contains inaccurate information, please contact our office using our contact form to schedule a free phone or Zoom consultation.  
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IDENTITY THEFT LAWYER: CREDIT REPORT ERRORS CAUSED BY IDENTITY THEFT

4/15/2024

 

IDENTITY THEFT LAWYER: CREDIT REPORT ERRORS CAUSED BY IDENTITY THEFT

Identity theft credit report errors can be devastating.  Some of the credit report errors caused by identity theft can include unauthorized charges or new accounts reported because of identity theft.  If you are a victim of identity theft it is important to take the steps necessary to correct credit report errors caused by identity theft, even where your bank or other lenders such as credit card companies advise you that you are not responsible for fraudulent charges caused by identity theft.

IDENTITY THEFT CREDIT REPORT ERRORS

1. Unauthorized charges/fraudulent charges. This type of identity theft is known as an account takeover and occurs when a cybercriminal gains access to your existing credit accounts. Unauthorized or fraudulent charges can be reported as balances owed on your credit report. This type of identity theft credit report error can harm your credit since this makes it appear that you are utilizing more credit than you are using. This type of identity theft credit report error can also harm your credit by making it appear that you are liable for amounts that you did not incur or authorize.  
 
1. Unauthorized accounts/fraudulent accounts. This type of identity theft occurs when a cybercriminal gains access to your personal information such as name, date of birth, and social security number and uses your personal information to open fraudulent accounts. existing credit accounts. Like unauthorized or fraudulent charges, unauthorized or fraudulent accounts can also be reported as new accounts and balances owed on your credit report. This type of identity theft credit report error can harm your credit since this makes it appear that you are utilizing more credit than you are using.  This type of identity theft credit report error can also harm your credit by making it appear that you are liable for amounts that you did not incur or authorize.  

 IDENTITY THEFT LAWYER TIPS FOR PROTECTING AGAINST IDENTITY THEFT

There are several steps you can take to reduce the likelihood of being an identity theft victim or having identity theft credit report errors appear on your credit reports.

Regular Credit Report Checks Can Help Prevent Identity Theft Credit Report Errors

Regularly monitoring your credit report can help you detect identity theft if you recognize unauthorized charges or accounts. You can obtain free copies of your credit reports annually by visiting annualcreditreport.com.
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Exercising Caution When Sharing Personal Information Can Help Prevent Identity Theft Credit Report Errors

Sharing personal information, such as your social security number or financial details should only be done when you are confident that you are sharing this information with a valid, secure source.  
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Guarding Against Phishing Scams Can Help Prevent Identity Theft Credit Report Errors

Phishing scams may be hard to detect, but you should avoid clicking on suspicious links or providing confidential data in response to unsolicited emails or messages.
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Using Strong Passwords Can Help Prevent Identity Theft Credit Report Errors

Using strong, complex, and unique passwords can help prevent unauthorized access to your accounts and reduce the likelihood of identity theft.  If there is a data breach that affects you, then having unique passwords can protect other accounts from being compromised.
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Keeping Your Software And Security Updates Current Can Help Prevent Identity Theft Credit Report Errors

Ignoring software and security updates on your electronic devices can leave them vulnerable to cyber threats and identity theft. Cybercriminals can exploit outdated systems or software to access your personal data and commit identity theft, leading to potential errors on your credit report.
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SPEAK TO AN IDENTITY THEFT LAWYER ABOUT IDENTITY THEFT CREDIT REPORT ERRORS

If you are the victim of identity theft you do not have to fight alone or navigate the complex legal framework to dispute identity theft credit report errors. An identity theft lawyer can help walk you through the process of disputing identity theft credit report errors to help restore your peace of mind. There are many consumer protection laws available and steps that identity theft victims can take to regain control. Attorney Nick Hadous is an identity theft attorney that has represented consumers in identity theft cases and other consumer protection cases.  If you believe you are a victim of identity theft or if your credit report contains inaccurate information, please contact our office using our contact form to schedule a free phone or Zoom consultation.

UNDERSTANDING IDENTITY THEFT ATTORNEYS AND YOUR CREDIT REPORT

4/13/2024

 

THE ROLE OF IDENTITY THEFT ATTORNEYS

Identity theft attorneys specialize in handling identity theft disputes on your credit report. An identity theft attorney can help you take the initial steps to report identity theft, and then help you dispute identity theft with the credit bureaus. 

Identity theft attorneys can help you investigate the identity theft and represent you in court if the credit reporting agencies and furnishers refuse to correct the identity theft errors on your credit report. At Hadous|Co. our identity theft attorneys are committed to protecting our clients' rights and interests and helping them restore their credit reports after identity theft.

NAVIGATING IDENTITY THEFT LAWS 

Identity theft cases are complex and involve several moving parts, such as local police departments, the FTC, credit reporting agencies, and furnishers such as banks and credit card companies. An experienced identity theft attorney can make all the difference and help you dispute identity theft on your credit report to help restore your credit. Our identity theft attorneys  possess the knowledge, skill, and experience  to help you identify and avoid common identity theft issues during credit disputes with the credit reporting agencies and lawsuits under the Fair Credit Reporting Act. 

Our consumer attorneys can help you take the steps necessary to protect your rights under the FCRA, gather evidence of identity theft, build a strong case of identity theft, and advocate on your behalf to correct errors on your credit report caused by identity theft. By utilizing an experienced identity theft attorney, consumers can have added peace of mind and increase their chances of removing credit report errors caused by identity theft

FINDING THE RIGHT IDENTITY THEFT ATTORNEY

For identity theft victims, finding the right consumer attorney is crucial. It's essential to look for an attorney with a proven track record of consumer litigation, handling identity theft cases in court, and a thorough understanding of relevant laws, procedures and regulations.

Attorney Nick Hadous is an accomplished consumer attorney with a track record of success in FCRA cases in trial and appellate courts.  He has helped his clients correct credit report errors through the removal of inaccurate information on their credit reports, including identity theft credit report errors. He has also helped countless clients recover damages for violations of the Fair Credit Reporting Act.  In addition, Mr. Hadous serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation. 

TAKING ACTION AGAINST IDENTITY THEFT WITH IDENTITY THEFT ATTORNEYS

 If you are the victim of identity theft or if fraud or identity theft has impacted your credit report, you can reach out to us for a free phone or Zoom consultation by calling today or using the contact form below.  We can help you obtain copies of your credit reports, report the identity theft to the FTC, and dispute identity theft credit report errors with the credit bureaus. 

IDENTITY THEFT LAWYERS

4/13/2024

 

IDENTITY THEFT LAWYERS: Protect Your Identity: A Guide to Identity Theft Prevention

Understanding Identity Theft
Identity theft lawyers have seen a rise in identity theft credit report errors. Identity theft is pervasive in today's digital age, with cybercriminals constantly searching for new ways to steal personal information. They can use this stolen data to commit various fraudulent activities, causing significant financial and emotional distress to victims including fraudulent accounts on credit reports due to identity theft.  An identity theft lawyer can help you navigate the legal steps involved in disputing identity theft and restoring your credit.

Common SCAMS Used by Cybercriminal

Cybercriminals use various techniques to steal your personal information, such as phishing emails, malware attacks, and  personal information obtained from data breaches. Identity theft can be difficult to defend against, which is why identity theft lawyers may be needed to help you fight back and restore your credit.  Identity theft attorneys can also help you hold the credit bureaus and furnishers accountable for making it harder for you to correct the errors on your credit report caused by identity theft.  

IDENTITY THEFT ATTORNEY Tips for Preventing Identity Theft

  1. Regularly Monitor Your Accounts: You should regularly review your bank statements, credit reports, and online accounts for suspicious or unknown activity that could be a sign of identity theft.
  2. Exercise Cautious Online:  Avoid websites that are not secure and avoid clicking suspicious links. You should also be careful when providing personal information online, especially to unverified sources.  Be sure to verify websites and companies to avoid falling victim to an identity theft scam.
  3. Utilize Strong Passwords: Create strong, complex passwords and change these regularly to prevent unauthorized access to your accounts.
  4. Secure Electronic Devices:  In today's digital age, nothing is 100% secure. However, to minimize the risk of identity theft, you should keep your electronic devices up to date, utilize firewalls and antivirus software to protect electronic devices from malware and cyber threats.
  5. Shred Documents With Personal Information: Cybercriminals can gain your personal information through mail you receive or even the contents of your garbage. Be sure to shred documents containing personal information to prevent this information from falling into the wrong hands and becoming an identity theft victim.

UNDERSTANDING THE IMPORTANCE OF IDENTITY THEFT PREVENTION

Preventive measures are essential to protecting yourself from identity theft.  Even if you become a victim of identity theft, proactive measures can help you discover identity theft sooner so that you can take the steps needed to restore your name and credit faster. An identity theft attorney can help you minimize the risk of further harm and help you fight back against identity theft by disputing identity theft on your credit report and using the Fair Credit Reporting Act in court if needed.

LET OUR IDENTITY THEFT ATTORNEYS HELP YOU IF YOU ARE A VICTIM OF IDENTITY THEFT

Our identity theft attorneys have helped countless consumers enforce their rights under the Fair Credit Reporting Act, including victims of identity theft.   Attorney Nick Hadous is aa seasoned consumer protection attorney who serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation.  If you are the victim of identity theft and your credit report has been affected, please contact us for a free phone or Zoom consultation by calling today or using the contact form below. 

IDENTITY THEFT LAWYERS IN MICHIGAN

4/11/2024

 

IDENTITY THEFT LAWYERS IN MICHIGAN DISCUSS IDENTITY THEFT RISKS AND YOUR CREDIT REPORT

Identity theft is on the rise and can impact your credit report and peace of mind.  If you are the victim of identity theft, credit lawyers and identity theft lawyers can help you take steps to mitigate the harm caused by identity theft and to restore your name and credit report.

UNDERSTANDING THE RISKS OF IDENTITY THEFT

​Identity theft is a real and increasing threat in today's digital age. Cybercriminals are constantly looking for new ways to access personal information and exploit this information for financial gain. From phishing scams to data breaches, the avenues for identity theft can take many forms. The consequences can be devastating, leading to financial losses, damaged credit scores, and emotional distress. Identity theft lawyers can help you navigate the stressful process of disputing identity theft errors on your credit report.

THE ROLE OF CREDIT REPORTING AGENCIES IN IDENTITY THEFT

​Credit reporting agencies play a role in the fight against identity theft. By periodically checking your credit report, you can detect unauthorized activity and act before more harm occurs.  You can report suspicious activity to the credit bureaus and request a credit freeze, to help prevent further fraudulent accounts from being opened in your name.  An identity theft lawyer can help you fight credit report errors like fraudulent accounts that already appear on your credit report.

THE ROLE OF AN IDENTITY THEFT LAWYER 

​An identity theft lawyer can help you take the right steps to restore your credit after identity theft.  Reporting the identity theft to the credit reporting agencies and your financial institutions is one of the first steps you should take.  You should also make a police report and visit www.identitytheft.gov to obtain an identity theft affidavit and identity theft report.  Once you have taken these steps, an identity theft lawyer can help you submit formal written disputes to the credit reporting bureaus to dispute accounts on your credit report due to identity theft.  If the disputes do not result in the removal of the credit report errors or fraudulent accounts, an identity theft lawyer can help you sue the credit agencies and furnishers under the Fair Credit Reporting Act.  Speaking to a knowledgeable identity theft attorney about identity theft and your credit report can prove invaluable in restoring your credit report and removing credit report errors caused by identity theft.

IDENITY THEFT LAWYER TIPS TO PROTECT YOURSELF FROM IDENTITY THEFT AND CREDIT REPORTING ERRORS

Identity Theft Lawyer Tip: Monitor Your Credit Report

Regularly monitoring your credit report is crucial to detecting signs of identity theft. Reviewing your credit report for unfamiliar accounts or transactions can help you spot identity theft and take immediate action to address errors on your credit report because of identity theft.
 
Identity Theft Lawyer Tip: Consider A Credit Freeze

Placing a freeze on your credit report can help prevent unauthorized access. This added security measure can deter cybercriminals from opening new accounts in your name.
 
Identity Theft Lawyer Tip: Secure Your Personal Information

​
Taking steps to protect your personal information is essential to reducing the risk of identity theft. Avoid sharing sensitive personal information online and if you must share personal information online consider using secure or encrypted means such as secure email or password protected documents.  If you are asked to provide information over the phone, take steps to be certain of the recipient's legitimacy such as verifying phone numbers or calling authorized/official telephone numbers.  Unfortunately, some cybercriminals will try to “spoof” legitimate phone numbers to make it appear that they are calling from a real telephone number associated with your bank or credit card company. Therefore, you should exercise caution and consider calling back yourself to be certain.  Many companies are now offering multi-factor authentication which can also help prevent cybercriminals and identity theft.  By remaining vigilant and taking proactive steps to protect your personal and financial information, you can minimize the risks of falling victim to identity theft and dealing with credit report issues caused by identity theft.

SPEAK TO A KNOWLEDGEABLE IDENTITY THEFT LAWYER IN MICHIGAN IF YOU ARE THE VICTIM OF IDENTITY THEFT

​Identity theft can happen to anyone. By understanding the risks and being vigilant you can reduce the risk of identity theft or mitigate the harm caused by identity theft. If you are a victim of identity theft, being proactive and taking the right steps such as speaking to a knowledgeable identity theft lawyer can bring you peace of mind and set you on the path to restoring your credit after identity theft. 

We have helped many consumers recover damages under the FCRA for inaccurate credit reporting and identity theft credit report errors.  Attorney Nick Hadous is an accomplished litigator and serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation such as the Fair Credit Reporting Act.  If you are the victim of identity theft and your credit report has been affected, please contact us for a free phone or Zoom consultation by calling us today or using the contact form below. ​

MICHIGAN CREDIT ATTORNEYS: COMMON CREDIT REPORT ERRORS

4/9/2024

 

MICHIGAN CREDIT REPORT ATTORNEYS DISCUSS COMMON CREDIT REPORT ERRORS

Have you ever felt something just isn't right with your credit report? You're not alone. It is estimated that tens of millions of Americans have credit report errors that they may not be aware of, and that is harming their credit report. Many people fall victim to common credit report errors because they either do not check their credit report, or do not understand their credit report.  In this article, we hope to shine a light on some of the most common credit report mistakes that could be harming your credit report.

WHAT ARE CREDIT REPORT ERRORS

Credit report errors are inaccuracies or materially misleading information that can appear on your credit report. Credit report errors can affect your credit score and various financial ratios that are used by creditors and lenders to offer credit or financing.  These errors can be costly, and can lead to higher interest rates or the outright denial of credit opportunities.

​Credit report errors can range from simple spelling mistakes to more serious issues like identity theft or fraudulent accounts opened in your name.

TYPES OF COMMON CREDIT REPORT ERRORS

1. Incorrect Personal Information
One of the most common credit report errors involves incorrect personal information such as misspelled names, wrong addresses, or incorrect contact details. These errors may seem minor, but they can lead to mixed files where your identity is mistaken with another's identity.  This can lead to account that do not belong to you being reported on your credit report.

2. Duplicate Accounts
Duplicate accounts can occur when the same account is listed multiple times on your credit report. This type of credit report error makes it appear as if you have more debt than you actually do.  A duplicate account can be an account listed by the same furnisher, or the same balance listed by the original creditor and an assignee such as a debt buyer or debt collector. This type of credit report error can negatively impact your credit score and borrowing potential.

3. Inaccurate Account Status Such as Balance 
Another common credit report error are mistakes in the account's status. For example, a closed account may be reported as open, or a paid-off debt may still show as outstanding. Your balance may also be reported higher than the balance actually is thereby impairing your credit utilization ration. These types of credit inaccuracies can also damage your creditworthiness.

4. Identity Theft
Identity theft is a serious credit reporting issue that can result in fraudulent accounts being opened in your name without your knowledge.  Detecting identity theft and promptly disputing identity theft accounts on your credit report is crucial to protecting your credit.

HOW TO DETECT AND CORRECT ERRORS

Regularly checking your credit report for errors is advisable. If you suspect that there are errors on your credit report, you should take action immediately. Start by requesting a free copy of your report from each of the major credit bureaus Equifax, Experian, and TransUnion. You should carefully review these reports for any discrepancies, and should consider the assistance of a credit report attorney to help you review your credit reports for errors. If you identify credit report errors, follow the bureau's dispute process to have these errors corrected.  

Disputing your credit report is free and you have the right to do so under the Fair Credit Reporting Act.  Therefore, be wary of any company or so-called "credit repair company" or "credit report expert" who charges you a fee to help you dispute or repair your credit or who promises to improve your credit.  Nobody has the legal right to remove accurate credit reporting that is reported in compliance with the Fair Credit Reporting Act.   There are plenty of scammers in the credit industry so you should check with a credit lawyer or other consumer protection organization like the Consumer Financial Protection Bureau (CFPB). 

SPEAK TO A KNOWLEDGEABLE MICHIGAN CREDIT LAWYER

We have helped countless consumers recover damages under the Fair Credit Reporting Act (FCRA) for inaccurate credit reporting and credit report errors.  Attorney Nick Hadous is an accomplished litigator and serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation including the FCRA.  If you have errors on your credit report that you would like to discuss, please contact us for a free phone or Zoom consultation by calling us today or using the contact form below. 

UNDERSTANDING THE ROLE OF A CREDIT REPORT LAWYER

4/9/2024

 

MICHIGAN CREDIT REPORT LAWYER

A credit report lawyer or credit lawyer assists individuals with disputes related to their credit reports. Credit report lawyers typically understand consumer protection laws and regulations, including those pertaining to credit reporting and the Fair Credit Reporting Act (FCRA). 
A credit report lawyer can help identity errors on your credit report, and help you dispute errors on your credit report. If needed, credit report lawyers can also help you file a lawsuit in court if the credit reporting agencies or furnisher of information fail to correct credit report errors. 

IMPORTANCE OF HIRING A CREDIT REPORT LAWYER

When faced with credit report errors on your credit report, it can be challenging to have these inaccuracies corrected on your credit report. A credit report lawyer can help you navigate the dispute process and work towards resolving credit report errors that may be negatively impacting your credit. By leveraging their expertise, you can potentially improve your credit standing and secure your financial future through the removal of inaccurate information on your credit report.
​

MYTHS SURROUNDING CREDIT REPORT LAWYER

Contrary to popular belief, credit report lawyers are not just for individuals with serious credit issues. In fact, anyone who encounters errors on their credit report, such as inaccurate account information, identity theft, or fraudulent accounts, can benefit from the services of a credit report lawyer. Credit attorneys can provide invaluable guidance and support in helping to ensure that your credit report accurately reflects your financial history and information.
​

WORKING WITH A MICHIGAN CREDIT REPORT LAWYER   

Upon engaging a credit report lawyer, the lawyer will conduct a thorough review of your credit report to identify any inaccuracies.  Inaccuracies on your credit report can include demonstrably false information, or materially misleading information on your credit report. A credit report lawyer can help take the necessary steps to dispute errors on your credit report with the credit reporting bureaus and work towards having the inaccuracies corrected or removed. Throughout this process, your credit lawyer will advocate on your behalf with the credit reporting agencies.
​

Conclusion
A credit report lawyer can be a valuable resource for consumers with credit report errors.  By enlisting the expertise of a knowledgeable credit lawyer, you can navigate the complexities of credit reporting laws and regulations with more confidence. Don't allow inaccuracies on your credit report to harm you—empower yourself with a credit report lawyer and take back control of your financial future.

​
We have helped countless consumers recover damages under the FCRA for inaccurate credit reporting. Our attorneys are accomplished litigators and published authors in consumer protection litigation.  If you are the victim of identity theft and your credit report has been affected, please contact us for a free phone or Zoom consultation by using the contact form below. ​​
​
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