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Fair Credit Reporting Act (FCRA)

It is perhaps fair to say that although I have extensive knowledge and experience about numerous aspects of Consumer Credit and related laws, my familiarity, knowledge, experience and passion about the Fair Credit Reporting Act [FCRA](and the Fair and Accurate Credit Transactions Act of 2003 [FACTA]) surpasses all other areas - with the possible exception of the Fair Debt Collection Practices Act [FDCPA], with which I am probably equally familiar.

For virtually the entire 17+ years that I have been practicing law I have been involved in cases and litigation related to the FCRA/FACTS and assisting consumers with various kinds of disputes pertaining to the (in) accuracy of information reported in their Consumer Credit Reports and the prosecution of claims against Credit Reporting Agencies (CRAs) and furnishers of information.

As such, I have had clients whose cases have involved all kinds of aspects and idiosyncratic issues concerning Credit Reporting, including, but by no means limited to, student loans, bankruptcies, foreclosures, home loan modifications, credit card accounts, criminal records [arrests/convictions], insurance [C.L.U.E. Reports], tax liens, judgments, charged-off accounts and even basic erroneous information such as addresses, work history and one's legal name.

Throughout my career I have monitored statutory and caselaw developments from all over the country [i.e. each of the 11 Districts] and have been actively involved in and contributed to countless forums, Public Comments, discussions, debates, etc. about almost every conceivable aspect of the FCRA. For example, I am extremely familiar with the reporting limitations periods, the exceptions thereto, reinvestigation and verification procedures and burdens, damages available to prevailing plaintiffs, etc.

PLEASE NOTE: The scope and focus of my involvement with credit reporting/FCRA matters is generally limited to situations in which an individual has a good faith reason to believe that one of the following exists in connection with a Consumer Credit Report/File [usually one of the three major nationwide Credit Reporting Agencies ("CRAs")]: (1) The Report/File contains a blatant error [e.g. the account/debt listed is not yours, or it is reported as having been late when it was not, etc.]; (2) the Report/File contains information that is "obsolete" or "stale" per the FCRA - i.e. is being reported past the time/limitations period (usually 7-10 years) allowed under the FCRA; (3) the Report/File contains information that is not being reported with the "maximum possible accuracy" as defined by the FCRA; (4) there is a good faith reason to believe that a CRA has otherwise violated the FCRA/FACTA; or (5) there is a good faith reason to believe that a creditor/furnisher has not complied with the FCRA. And it is extremely important to note that virtually every court that has considered the issue [because the statute essentially says so] has held that an individual does NOT have a private right of action [i.e. cannot successfully bring suit] against a creditor/furnisher of information for reporting inaccurate/false information to a CRA until, unless AND AFTER a consumer initiates/issues a proper notice of dispute to/with the CRA(s) AND the CRA in turn determines that the dispute is legitimate AND in turn requests validation/verification from the creditor/furnisher AND THEN the creditor/furnisher erroneously and unlawfully validates/verifies the incorrect information.

If applicable, you understand and agree that neither I nor my firm perform, nor have or do we hold ourselves out as performing, "credit repair" services as such term is defined under the Credit Repair Organizations Act (15 U.S.C. § 1679 et seq.)[or any other related state or federal law or rule]. Thus, while the end result of certain of my legal services may result in the improvement of one's credit or credit score, to the extent I am engaged by a client to help him or her with any matter that involves the FCRA or other aspects of consumer credit, my services are limited to assisting with legitimate problems or disputes about erroneous or inaccurate information [i.e. reported with "less than maximum accuracy" as defined by the FCRA and caselaw] and, as with all other aspects of my practice, I do not and cannot promise a particular or favorable outcome. Furthermore, if and when I am retained to represent a client in conjunction with a disputed/inaccurate credit related matter [whether exclusively or along with other legal issues], the scope of my representation is not limited solely to or with a view towards "credit improvement". Rather, such matters comprise only a part of the overall scope of my representation. In addition, neither I nor my office is a "mortgage loan originator" or lender as defined by either the GA Residential Mortgage Act [e.g. O.C.G.A. § 7-1-1000 et seq.] and or the Federal S.A.F.E. Act [Mortgage Licensing Act of 2008] and any mortgage or loan related services provided by me or my firm are or would be ancillary to the representation of the client and or otherwise exempt from the purview of same. Finally, neither I, my office nor the facsimile or telephone number(s) listed herein - or contained in any documents or links included or posted on this website - accept any commercial or advertising communications of any kind, which is strictly prohibited, and any provision or inclusion thereof; is not intended as a waiver of any protections granted by the TCPA, JFPA, CAN-SPAM Act(s) or any other applicable laws & and shall not create or give rise to a "business relationship".