You pull your credit report before applying for a mortgage and get a shock. It lists debts and late payments that are not yours.
This serious error, known as a “mixed credit file,” happens when a credit reporting agency incorrectly merges your information with someone else’s. While it is a frustrating situation, federal law gives you powerful consumer rights to get these errors corrected.
Your rights under the Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal law designed to protect you from these kinds of inaccuracies. It gives you specific legal rights when dealing with the credit reporting agencies.
- You have the right to an accurate credit report.
- You have the right to dispute any information you believe is incorrect.
- The credit reporting agency has a legal duty to conduct a reasonable investigation of your dispute, typically within 30 days.
These rights are the foundation of your ability to correct a mixed file.
What are the first steps to take?
The first step to exercising your rights is to file a formal dispute with each credit reporting agency that is showing the incorrect information.
Sending a dispute letter by certified mail is a recommended best practice to ensure you have proof of delivery. However, you also have the right to file disputes with the credit reporting agencies online or by phone.
You should clearly identify every account or piece of information that does not belong to you. You also need to include documentation that proves your identity to help the agency separate your file from the other person’s.
When the credit bureaus fail to fix the errors
What happens if you file a dispute, and the credit bureau fails to correct the errors? The FCRA gives you the right to take legal action if an agency fails to conduct a proper investigation or continues to report information that is not yours.
A mixed credit file can be incredibly damaging. If you have disputed inaccurate information and the credit reporting agencies have failed to fix it, help is available. Consider speaking with an experienced consumer protection attorney to understand your legal options.