FCRA Archives - Joseph P. McClelland, LLC
Category Archives for "FCRA"

Deceased Credit File

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Dead on credit.

Deceased on credit report

Equifax, Trans Union, and Experian are the major credit reporting agencies.

Fair Credit Reporting Act controls all issues regarding credit reporting.

How Being Mistakenly Reported as Deceased Hurts You

  • Denials of Employment
  • Denials of Credit
  • Higher Interest Rates

Who are the five most likely businesses to mistakenly report you as deceased?

The first is Equifax. Equifax is a credit bureau and they regularly make errors in their credit reports. One type of error is when you have been mistakenly reported as deceased on your credit report. When this happens your credit score at Equifax will likely go to zero. If you apply for a loan and the lender uses Equifax to check your credit, you are will be denied that loan. So when Equifax report you as deceased, you have a major problem on your hands.

TransUnion is also a company that makes that reporting errors such as this. Everything that we just discussed with Equifax supplies TransUnion. The TransUnion is wrongly saying that you're dead, and you have a valid lawsuit against TransUnion for false credit reporting.

Experian is also a credit reporting agency that makes the same mistakes. Just like Equifax and Transunion, Experian may report you as dead because of several reasons just like the other credit bureaus.

Your credit card company can also be responsible for saying that your dad. Many times a credit card company or a large Bank like American Express, Bank of America, Synchrony Bank, Capital One will get false information from third parties and report it to the credit bureaus to then put it on your credit report.

The Social Security Administration also makes these types of errors by falsely putting people on the master file index.

If you've been marked as deceased and please contact our office because we would love to help you
Atlanta, Macon, Rome, Augusta, Albany, Kennesaw, Marietta, Roswell, McDonough, Riverdale, Stone Mountain, Snellville, Covington, Jackson, Valdosta, Stockbridge, Sandy Springs, Columbus, La Grange, and more.

If you want to learn more, you can come to our companion site and learn more about what to do when the credit bureaus think you are deceased.

Biggest Mistake People with Identity Theft Make

What is the number one mistake the Georgians make with regards to Identity Theft? As you know identity theft becomes more more prevalent every day. In fact I just read that someone's identity is stolen every 2 seconds. And so it's more more important every day to know exactly what your rights are and what you should do about it. So today's article is about the number one mistake that people make when it comes to identity theft and it goes something like this. 

The biggest mistake people make when it comes to identity theft is they don't realize that once they dispute the information, they have an absolute right to have it removed. And what that really means is if you've disputed something on your credit report this absolutely wrong and it's not fixed, then they are actually going to owe you money for breaking the wall. And that's what most people get wrong Nest most people's biggest mistake when it comes. That's the fact that they don't understand did they have legal rights.

What normally happens, is that someone disputes information on the credit report, and then once they get the results back they get discouraged. A certain percentage of people will go ahead and dispute it again. And then sometimes they will even dispute it through the mail as opposed to doing it online because they feel it's more official. And when it doesn't come off because again if it doesn't come off the first time, it most likely won't come off without the help of a credit attorney.

One of the most troubling things about this most common mistake is the fact that when you become discouraged the mistakes Still Remains on your credit report. And because it's on your credit report it most likely is dragging down your scores which can hurt you in a variety of ways. And can limit where you can live, the job you have, the amount of money you pay for insurance and a variety of other financed items.

The reason why this is troubling is because the same people are most likely owed compensation for the injury that this derogatory information is doing to them. Now, this is not something that they can do from by themselves. This is not something that a credit repair company can do. This is something only a credit attorney can do for them. If you would like to learn more please call this link.

As opposed to credit repair companies. A Consumer Attorney should not charge them any fees for their work unless they actually recover damages from the credit bureaus or the corporation that is damaging their credit report. This is one of the biggest distinctions. And one of the reasons why if you have something that's actually incorrect, not yours, or as a result of identity theft, you should most definitely seek out a Consumer Attorney if the issue remains on your credit report after you have properly disputed it.

Again if you have any questions about issues on your credit report, please feel free to reach out to us or follow this link for more information thank you.

Truth about Identity Theft

Okay what's going to get some things straight about identity theft. Every year there's more more of our information online for the bad guys to get. Hackers ability to get at even the most secured companies data increases every year.

And because of this there is a lot more cases of people having something on their credit report that's not theirs. And here's the problem. Most people follow the information that they find online or they don't do anything. Now for the people who don't do anything you obviously see what the problem is going to be. If you don't take any actions then you're going to get the same results.

And that means those people will have another person's information or an account that was opened in their name on their credit report for probably about 7 years. And in doing that it's going to crush their credit score and kind of cost of money and all types of things along the way and probably keep him from doing certain things they want to do or at least put limitations on those things. Now, for the people that did dispute about half of them got the information removed. And for them the story is over. There's nothing more that they need to do. 

And so, I'm assuming for those people you guys can stop reading this article because there's nothing more for you if they removed it on the first time that you dispute it. But for the other half of you out there, they didn't take it off. And it is still under credit report. Well that's bad news for you in the short-term but it's good news for you in the long term and this is why. If you take the step of disputing the information to one or more of the credit bureaus, and it is not removed from your credit report, someone most likely broke the law. 

The law is called the Fair Credit Reporting Act. And when someone breaks this law they have to remove the error on your credit report and pay you up to $1,000 s+ your actual damages, and get you or pay for your attorney. Most people don't know this. In fact, most lawyers don't know this. How do I know? Because I didn't know this for almost a decade after practicing law. This is a niche. I had never had someone even ask me about their credit report or identity theft, so I had no need to research this law. And on top of that, I've never seen anyone discuss it on any television show or movie or haven't read anything about it in the newspaper. 

That's why when I first learned about it I was pretty shocked. I had no idea that millions of people are sitting there with junk on their credit report this not right, after they had taken all the right steps. And then to make matters worse, they are actually owed money from the credit Gyros and the corporations that won't listen to him after they disputed the information. And was amazing about all this. Is that built into the law is each person's right to get a free or no-cost tourney to actually go and fight the credit bureaus on their behalf.

So you can almost think of it like a personal injury case and that you don't have to pay a consumer lawyer like myself up front for this type of thing. And so that's the truth about identity theft on your credit report. And to some it up once again, if you have an account on your credit report and you dispute it but it's not taking off, someone knows you most likely a free attorney and damages then remove the item from your credit report. If you would like for us to do that for you or you would like more information please call this link.

Identity Theft Guide for 2018

Most people think this harder than it really is. 

It is so easy that most want to make it harder than it is. I know I do that all the time with things.

But, let's not do that here.

If you are like most people, you probably looked online and did what they said. You disputed it. Waited. However, when the results came back, they didn't fix anything.

There is a trick.

Removing accounts created by identity theft or even accounts you don't recognize is super duper easy.

Step 1:

Locate an account that is on your credit report, but you didn't open.

Alright. The step 1 is done. 

I told you this would be easy:)

Step 2:

Alright. Let's jump into step 2.

Here it is: just dispute it once.

That's it. You can dispute it online. You can dispute it through the mail. You can even dispute it on the phone. You just have to dispute it.

For about 50% of you, that's it. That's all you ever need to do UNLESS...

it doesn't work the first time, potentially someone owe you money.

Step 3:

Enforce the law if it's still there. Here is how you do it:

What do most people do wrong?

The first thing most people think about it when they find out their identity is stolen is hiring a credit repair agency.

Let me explain why that's a bad idea. See, first, they charge you money upfront and on an ongoing basis. Next, they aren't lawyers. That's like building a house, but not being able to use a nail. It just doesn't work.

The second mistake is hiring a "law firm" that charges you money just like your basic credit repair company. This is wrong for the same reason. They waste your money. Everything they do, you will see here... for free.

Better yet, let's see if we can make someone write you a check.

“3 Most Expensive Mistakes People with Credit Errors Make & How to Stop Doing Each One Today”

3. You contact the wrong company: only contact the creditor or the debt collector is a mistake.

To make the FCRA work, it all starts with disputes that are written to the credit reporting agencies or credit bureaus. This is the step that almost everyone misses. You must, must, must do this. If you do, you will either get what you want or you will get want you want with a check included.

It really is that easy. This leads perfectly to why I would say that.

2. You realize the game is fixed way to late.

The system is broken. Broken. 80% of credit reports have errors. 20% of those errors are serious enough to do major damage to your score. This means that 20% of all Americans are getting ripped off every day. Everything 20% of people pay for is way more expensive than it should be.

Sometimes the best thing to do is quit.

Seriously, quit. You need them to stop the machines to fix this. They have to drain the pool, so to speak. This requires a lawyer that knows where the "bodies are buried" to get the job done. We have an industry leading offer on the next page that makes fixing credit errors super simple (and free to you always).

Understand that it will not be fixed by you. Understand that we can do it for you without you paying us out of pocket. Act by stop trying to do it yourself.

1.They pay someone to do it and waste money for no reason.

This one gets me mad. I am really tempted to call out lawyers here, but I will not. I will just say: DO NOT PAY A LAWYER OR CREDIT AGENCY TO GET SOMETHING OFF YOUR CREDIT REPORT.

A good consumer credit lawyer in Georgia can handle this for free.​

Bad Credit? 5 Biggest Errors on Your Credit Report

You didn’t ask to have a credit report, so it better be correct. Right?

We created for you a quick look at the top 5 errors to find and fix in 2017.

Let’s get started!

5. Not your account.

This is very common. When you look at your report, you may see an account that you have never seen before. You may have an account on your credit report that simply is not you.

This is wrong.

You have a right to have it removed forever. But, you must take steps. We talk about the next steps here to learn more.

4. Lying about how long ago you stopped paying.

This is one of the most common errors I see. See, you can only have bad info on your account for 7 years.

One of the tricks collectors use is to put the date they started collecting on you rather than the date you went into default. It is so common for you to have stopped paying, let’s say, DISH in 2015. When you look at your report, you may see that a debt collector is saying you stopped paying in 2017. That added 2 years of having bad credit. That is illegal.

You have a right to have it removed forever. But, you must take steps. We talk about the next steps here to learn more. However, without a lawyer the FTC says you’re lucky if you get almost a 20% of getting it off with a lawyer.

3. Refusing to mark your account as disputed.

This is another collection favorite. If you ever have disputed the amount you owe or the validity of the account with a collector verbally or in writing, they must write on your credit report in the section entitled REMARKS that the consumer disputed the account. They must. They must do it or it is illegal. If they don’t do it the first time, you may be able to enforce your rights, get the debt released and get paid…while having a free lawyer. If you want more on this, go here.

2. Saying you owe the wrong amount/saying you owe money when you don’t

This is one of the most common complaints about credit reports.

1.Identity Theft.

Unfortunately, identity theft is huge. Some estimate that 1 in 4 will have to go through this.

It is easy to fix when you use the law like us.

It is hard to impossible to fix when you do not.


They don’t want to delete an account when they don’t believe you…and they never believe you. It doesn’t matter if you never lived in Colorado to get a Comcast account. It doesn’t matter that you never went to New York and got a car loan. They just will not believe you because it makes financial sense to not believe you.

Information alone will not fix this… so we have an offer for you.

Our One-Time Offer to You

If we take your case, we will get the error off your credit report within 3 months or we will make them correct the errors and get you a check from them without you ever having to pay us directly.