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:

A copy of a police report evidencing the claim of the victim of identity theft.
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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT

4/5/2024

BACKGROUND CHECK LAWYERS IN MICHIGAN

Understanding The Importance of Background Check Reports in Employment
Background check reports play a crucial role in evaluating the suitability of potential candidates during the employment application process. Background check reports provide employers with information pertaining to an individual's past employment history, criminal records, and educational background. This is especially important for employers who hire employees that interact with the public or minors, such as Uber or Lyft drivers, school staff, and other employees who interact with the public. This is also important for positions that require a high level of trust, such as banking or positions where the employee will be handling large or moderate sums of money. By verifying the information provided by applicants and uncovering any discrepancies or red flags, employers can protect their organizations and the public from potential risks and liabilities.

Employers must be careful to ensure that they follow reasonable hiring, screening, and retention policies to not only protect the safety of others, but also to protect the employer in the event of a lawsuit.

By reviewing an applicant’s background check report, employers can make more informed decisions during the hiring process.

Components Of A Background Check Report
A typical employment background check report includes various components such as employment verification, education verification, criminal record checks, credit history checks, and reference checks. Each of these components helps the employer evaluate the candidate's background and qualifications.

Therefore, it is essential to ensure that you have an accurate background check report. Background check errors can cost you a job or housing. A good background check attorney can help you dispute background check errors and may also be able to help you recover damages if you were denied employment or housing because of background check errors.

EMPLOYMENT BACKGROUND CHECK LAWS

Ensuring Compliance with Legal Regulations
Employers should conduct background check reports in compliance with legal regulations to protect the rights and privacy of applicant candidates. Adhering to federal and state laws governing background checks ensures that the application process is conducted fairly and transparently, without violating the applicant’s rights or privacy laws.

Fair Credit Reporting Act Background Checks
The FCRA governs employer background checks and addresses background check errors.
Before the background check report:
Applicant Consent For Background Check Report:
Prior to conducting a background check, employers must disclose in writing to the applicant that the employer may conduct a background check which could affect the employer’s employment decision. The employer’s disclosure must be conspicuous and presented on its own (i.e., not in a bundle of documents).
The applicant must agree in writing to the background check.
Certification To Background Check Comnpany
The employer must certify to the background check company that the employer:

notified the applicant ad obtained the applicant’s permission for the background check report,
the employer complied with all the FCRA requirements; and
won’t discriminate against the applicant or misuse the information in violation of federal or state equal opportunity laws or regulations.

Note on Michigan Background Check Laws: Under Michigan law, employers may not ask an applicant about a misdemeanor arrest that did not result in a conviction. Employers may ask about felony or misdemeanor convictions or felony arrests which did not result in a conviction.

After The Background Check Report
Before taking adverse action, an employer must provide the applicant with written notice that includes a copy of the background check report that the employer relied upon to make its hiring decision, as well as a copy of "A Summary of Your Rights under the Fair Credit Reporting Act."
By providing the aplicant the notice in advance, the applicant has an opportunity to review the background check report and explain any negative information or address any background check error.

If a background check leads to an adverse decision against hiring an applicant, an employer must notify the applicant that the applicant was rejected because of information in the background check report. The employer must also provide the applicant with the name, address, and phone number of the background check company that issued the report, as well as an explanation that the background check company that sold the report did not make the hiring decision and is unable to provide specific reasons for the employment decision.

The applicant must also be informed that the applicant has the right to dispute the accuracy or completeness of the background check report, and to get an additional free report from the background check reporting company within 60 days.

Conclusion
Background check reports play an important role in the employment process by providing employers with a way to screen candidates and to assess a candidate’s qualifications. By conducting thorough background checks, employers can make informed hiring decisions while minimizing the risks and liabilities. However, background check errors are not uncommon, so it is important for applicants to review their background check reports and to speak to a background check lawyer if you were denied employment because of background check errors.

WHEN TO SPEAK TO A BACKGROUND CHECK ATTORNEY

If you were denied employment because of background check report errors, you should speak to a background check attorney to help you dispute those errors and to seek relief in accordance with consumer protection laws. You. may be entitled to compensation and damages if you were denied employment because of errors in your background check report.

Attorney Nick Hadous is an accomplished litigator and author in consumer protection litigation. He 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 were denied employment or housing because of a background check error, our Michigan background check lawyers can schedule you for a free phone or Zoom consultation. Please contact us by using our contact form below.

HOW TO DISPUTE CREDIT REPORT ERRORS

12/17/2018

Check your credit report for errors

Many people have credit errors they are unaware of, which could be hurting your credit. If you have recently been denied credit or a loan, it is important to check your credit report for errors.

The FTC has found that an estimated 1 in 5 consumers has an error on their credit report, which could be causing you to pay higher interest rates and insurance premiums, or to be denied credit.

When checking your credit report for errors, you should look for some of the most common credit report errors such as incorrect personal information, accounts that do not belong to you, potential identity theft accounts, closed accounts that report as open, duplicate accounts, inaccurate payment history, or incorrect balances on your credit report.

If you have filed for bankruptcy, checking your credit report after bankruptcy can also help you discover credit report errors that could be harming your credit. After filing bankruptcy, you should check your credit report to ensure discharged debts are reported as closed, included in bankruptcy and with $0 balances. If an account is reported as open, or with an existing balance after bankruptcy, this could mislead creditors and lenders and make you appear to be a riskier candidate for credit. If your debt was charged-off or assigned to collections prior to filing bankruptcy, you should also ensure that these accounts report as closed, with $0 balances, and remarks that indicate the account was included in or discharged in bankruptcy.

UNDERSTANDING YOUR CREDIT REPORT

How to read your credit report and understand your credit report is essential to performing a credit check. The national consumer reporting agencies Equifax, Experian, and TransUnion maintain your personal credit information and are commonly referred to as the credit bureaus.

Credit reports contain personal information such as names, date of birth, addresses, public records, and financial information, including past or existing credit card accounts or loans. Checking your personal information is important to ensure that your credit report does not contain information belonging to someone else. If you see an address you do not recognize on your credit report, this could signal potential identity theft.

Public records on your credit report typically include things such as bankruptcy, and in the past, civil judgments.

Each individual account or tradeline appearing on your credit report typically includes the following categories of information reported by furnishers of this information such as creditors or collectors to the credit bureaus:

Name of Creditor: the name of the bank, lender or credit card company.
Account Number: the unique account number associated with your account or loan.
Account or Loan Type: these include (1) "installment" accounts such as automobile loans, mortgage loans, and student loans, (2) "revolving" accounts such credit cards or home equity lines of credit, and (3) "open" accounts such as a utility bill or cellular telephone bill.
Account Balance: the current amount owed.
Past Due: whether there is a past due amount.
High Balance: the highest reported balance on the account.
Account Status: this can indicate whether the account is open, current, past due, charged-off, in collections, settled for less than the full balance, or included in or discharged in bankruptcy.
Date Updated: the date the account information was updated by the furnisher.
Date Opened: the date the account was opened.
Responsibility: this indicates whether you are individually responsible for the account or whether there is a joint accountholder.
Payment History: this will indicate whether past payments have been made on time or late. Most late payments reported on credit reports will report the days past due, such as 30, 60, 90, 120, and beyond. Alternatively, late payments can be reported by codes such as 1, 2, 3, 4, and beyond denoting a certain length of time (for example 1 can mean 30 days late).
Remarks: like the Account Status, this can indicate whether the account is open, current, past due, charged-off, in collections, or included in or discharged in bankruptcy.

Collection Accounts on your credit report will typically report similar information, and include the following additional information:

Original Creditor: the name of the original bank, creditor, or lender.
Original Balance: the balance prior to collections.

WHAT TO DO ABOUT CREDIT REPORT ERRORS

Should I dispute my credit report myself or hire an Attorney?
If you find a credit report error, you should contact an attorney familiar with the Fair Credit Reporting Act. Attorneys that help with credit report errors typically market or advertise services as consumer attorneys, or consumer protection attorneys. A consumer lawyer can help you dispute credit report errors by writing effective credit disputes to the credit bureaus.

Some attorneys will help you dispute your credit report with the credit bureaus for free. This is because if your credit dispute is denied, you may be a good candidate for an FCRA lawsuit, in which case the attorney will typically work on a contingency basis because of the fee-shifting provisions in the FCRA.

You can also dispute credit report errors for free by filing a dispute directly with the credit bureaus yourself. We recommend that you dispute credit report errors in writing with the credit bureaus. Although credit bureaus allow you to dispute your credit report online, there are often benefits to writing your own dispute and including the details of your credit dispute and any supporting documentation.

You should be cautious when dealing with non-attorneys such as credit repair companies, or persons asking you to pay money up front who make promises guarantees. Remember: the bureaus do not charge you to dispute your credit report, in other words, you can dispute your credit report for free.

Disputing YOUR CREDIT REPORT

How to dispute errors on your credit report.

When preparing a credit report dispute, you should provide a detailed explanation of the credit report error. A detailed description of the reason your credit report is inaccurate will help you resolve credit report errors. You can also include supporting documents with your dispute.

Your dispute should contain the following information:

Full Name
Current Address
Date of Birth
Social Security Number
The File Number or Report Number contained on your credit report (this may not always be applicable)
Identify the disputed item(s) by Account Name and Account Number

The dispute should be mailed to the credit bureaus, and not the bank, creditor, or lender that reports inaccurate information (also known as the "furnishers" of information).

You should mail your credit report dispute to the credit bureaus at the addresses listed on their websites (please be sure to check for up-to-date addresses):

To dispute your credit report with Experian, mail your credit report dispute to:
Experian Information Solutions, Inc.
P.O. Box 4500
Allen, TX 75013

To dispute your credit report with Equifax, mail your credit report dispute to:
Equifax Information Services, LLC
P.O. Box 740256
Atlanta, GA 30374

To dispute your credit report with TransUnion, mail your credit report dispute to:
TransUnion, LLC
Consumer Dispute Center
P.O. Box 2000
Chester, PA 19016

Please be sure to mail your credit report dispute by certified mail so that you can prove that the dispute was mailed if necessary.

WHAT HAPPENS AFTER I DISPUTE MY CREDIT REPORT?

After you dispute your credit report, the bureaus are required to perform a reinvestigation of your credit dispute. Depending on the type of credit dispute, the credit bureau may be able to make changes to your credit report based on the information you provide with your dispute. In other cases, the credit bureau will contact the company reporting the information you disputed (also known as “furnishers”) and ask them to review your credit dispute.

Under the Fair Credit Reporting Act, the credit bureaus must complete their review of your dispute dispute within 30 days (unless you have supplemented your existing credit report dispute with additional information during this time. At the conclusion of this review, the bureaus will notify you of the results of your credit dispute.

If your dispute is resolved, you are typically not required to do anything else.

If your credit dispute is not resolved, you have certain rights, including, appealing the results of your credit dispute with the bureaus, sending another credit dispute, or filing a lawsuit under the FCRA.

If your credit report dispute is denied by the credit bureaus, you should speak to a knowledgeable FCRA lawyer. You may be a good candidate for an FCRA lawsuit.

We offer free phone consultation and credit reviews by phone. If we accept your case, we will handle your matter on a contingency fee basis, meaning we will not charge you any attorneys' fees unless we recover money from the defendant(s).

You may contact us using our contact form below.

IDENTITY THEFT LAWYERS

Understanding Identity Theft Laws: MICHIGAN CREDIT LAWYERS

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

WHAT ARE IDENTITY THEFT LAWS?

TYPES OF IDENTITY THEFT LAWS

Michigan Identity Theft Laws and Resources

Michigan Identity Theft Protection Act

IDENTITY THEFT LAWS AND THE FAIR CREDIT REPORTING ACT

Identity Theft And Credit Bureau Liability

Identity Theft and Furnisher Liability

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

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

SPEAK TO AN IDENTITY THEFT LAWYER AND CREDIT LAWYER NEAR YOU

Identity Theft Litigation: A Comprehensive Legal Guide

UNDERSTANDING IDENTITY THEFT AND IDENTITY THEFT LAWS

RECOGNIZING THE SIGNS OF IDENTITY THEFT

TAKING LEGAL ACTION FOR IDENTITY THEFT CREDIT REPORT ERROR

THE IMPORTANCE OF IDENTITY THEFT LAWYERS AND CREDIT LAWYER

PROTECTING YOURSELF FROM IDENTITY THEFT IN THE FUTURE

SPEAK TO AN IDENTITY THEFT LAWYER NEAR YOU

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

BACKGROUND CHECK ATTORNEYS SUGGEST REVIEWING YOUR BACKGROUND CHECK REPORT FOR ERRORS

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

Background Check Lawyers Can Help You Dispute Background Check Errors

WHERE TO OBTAIN YOUR BACKGROUND CHECK REPORT

HOW TO REQUEST YOUR BACKGROUND CHECK REPORT

BACKGROUND CHECK ERRORS AND YOUR CONSUMER RIGHTS

WHAT TO DO ABOUT DIFFICULTIES OBTAINING YOUR BACKGROUND CHECK REPORT

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

CREDIT ATTORNEYS: LAWSUITS AFTER DISPUTING CREDIT REPORT ERRORS

CREDIT ATTORNEY LAWSUIT BASICS

​THE LEGAL BASIS FOR LAWSUITS FILED BY CREDIT ATTORNEYS

Benefits of A Credit Attorney in LAWSUITS

​Credit Attorney: Overview of Credit Lawsuits

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

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

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

CAN YOU RECOVER DAMAGES FOR CREDIT REPORT ERRORS

​Actual Damages For Credit Report Errors

​Statutory Damages For Credit Report Errors

​Attorneys’ Fees For Credit Report Errors

​Punitive Damages For Credit Report Errors

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

IDENTITY THEFT LAWYER: CREDIT REPORT ERRORS CAUSED BY IDENTITY THEFT

IDENTITY THEFT LAWYER: CREDIT REPORT ERRORS CAUSED BY IDENTITY THEFT

IDENTITY THEFT CREDIT REPORT ERRORS

IDENTITY THEFT LAWYER TIPS FOR PROTECTING AGAINST IDENTITY THEFT

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

Exercising Caution When Sharing Personal Information Can Help Prevent Identity Theft Credit Report Errors

Guarding Against Phishing Scams Can Help Prevent Identity Theft Credit Report Errors

Using Strong Passwords Can Help Prevent Identity Theft Credit Report Errors

Keeping Your Software And Security Updates Current Can Help Prevent Identity Theft Credit Report Errors

SPEAK TO AN IDENTITY THEFT LAWYER ABOUT IDENTITY THEFT CREDIT REPORT ERRORS

​Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT

BACKGROUND CHECK LAWYERS IN MICHIGAN

EMPLOYMENT BACKGROUND CHECK LAWS

WHEN TO SPEAK TO A BACKGROUND CHECK ATTORNEY

HOW TO DISPUTE CREDIT REPORT ERRORS

Check your credit report for errors

UNDERSTANDING YOUR CREDIT REPORT

WHAT TO DO ABOUT CREDIT REPORT ERRORS

Disputing YOUR CREDIT REPORT

WHAT HAPPENS AFTER I DISPUTE MY CREDIT REPORT?

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THE LEGAL BASIS FOR LAWSUITS FILED BY CREDIT ATTORNEYS

Credit Attorney: Overview of Credit Lawsuits

Actual Damages For Credit Report Errors

Statutory Damages For Credit Report Errors

Attorneys’ Fees For Credit Report Errors

Punitive Damages For Credit Report Errors

Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT