Schlanger Law Group In The Media
If you are reading this page, you probably already know something is wrong with your credit report. You may have already disputed the errors with the credit bureaus. And there is a good chance the bureaus either ignored your dispute, conducted what felt like a rubber-stamp investigation, or “verified” information that you know is inaccurate.
You are not alone in that experience. The credit reporting system processes billions of data points, and the dispute process is designed for volume, not accuracy. When the automated systems fail, consumers are often left without a clear path forward.
This page is for people who have reached that point and are now considering whether to hire a credit reporting attorney. Below, we explain when legal representation makes sense, what a credit report lawyer actually does in these cases, the types of cases we handle, and how the process works at Schlanger Law Group.
For a full overview of credit report errors and your rights under the Fair Credit Reporting Act, see our credit report errors page.
Not every credit report error requires a lawyer. If the error is minor, such as an outdated employer or an old address that does not affect your credit, a written dispute to the credit bureau may be sufficient. If you have not yet disputed the error, that is generally the right first step. Our step-by-step dispute guide walks through that process in detail.
But there are situations where the dispute process is not enough, and a credit report errors lawyer can make a real difference.
You should consider talking to a credit reporting attorney if:
If any of these situations apply, the credit bureaus’ dispute process has likely run its course. At that point, the question is not whether the system failed you. It is what you can do about it.
A credit reporting attorney’s role typically focuses on litigation. The Fair Credit Reporting Act is a niche area of federal consumer law with its own statutory framework, procedural requirements, and case law. Many attorneys who concentrate their practice in this area develop detailed knowledge of how the credit reporting system works, how the credit bureaus and furnishers respond to disputes and litigation, and what strategies are most effective in achieving results for consumers.
An experienced credit reporting attorney will give you their honest assessment of your situation, including whether they think it gives rise to a viable claim. That assessment involves reviewing your credit reports, your dispute correspondence, the bureau’s responses, and the underlying documentation.
If your previous dispute letters were generic or unsupported, a credit reporting attorney may advise you on re-disputing to create a clearer record of credit bureau misconduct. For guidance on the dispute process, see our step-by-step dispute guide.
If the dispute does not resolve the problem, the attorney files a federal lawsuit under the FCRA. The legal claims typically arise under three provisions: Section 1681e(b), which requires credit reporting agencies to follow reasonable procedures to ensure maximum possible accuracy; Section 1681i, which imposes a duty on bureaus to conduct a reasonable reinvestigation when a consumer disputes information; and Section 1681s-2(b), which requires furnishers to investigate disputes forwarded by the bureaus. Violations of these provisions carry real consequences, including actual damages (denied credit, higher interest rates, lost opportunities, emotional distress), statutory damages of $100 to $1,000 per willful violation, punitive damages, and attorney’s fees and costs.
The attorney’s fees provision is important. Under the FCRA, if you prevail, the defendant, the credit bureau or furnisher, pays your attorney’s fees. This is why most credit report lawyers, including our firm, typically represent clients on a contingency basis: there is typically no cost to you upfront, and if your case is not successful, you owe us nothing.
For a deeper explanation of what you can recover, see our page on FCRA damages.
Schlanger Law Group handles FCRA cases involving the full range of credit reporting errors. Each of these case types has its own legal and factual complexities, and we have dedicated pages that go deeper into each one.
Mixed or merged credit files. A credit bureau confuses you with another person and merges their adverse credit history into your report. These cases often involve consumers with similar names or Social Security numbers, and the damage can be severe. Learn more about mixed credit files.
Identity theft on your credit report. Fraudulent accounts opened by an identity thief appear on your credit report, and the bureaus fail to remove them after you have reported the theft and provided documentation. Learn more about identity theft and your credit report. You may also want to download our free Fighting Back guide for a comprehensive overview of your rights.
Student loan credit report errors. Errors arising from servicer transfers, income-driven repayment plan changes, discharge processing, and other disruptions in the student loan system. Learn more about student loan credit report errors.
Deceased indicators. A living person’s credit file is flagged as deceased, shutting them out of the credit system entirely. Learn more about deceased indicators on credit reports.
Inaccurate account information. Errors on accounts that legitimately belong to you: wrong balances, payments reported as late when they were on time, debts shown as unpaid when they were settled, incorrect dates or account statuses. Learn more about inaccurate account information.
Background check errors. Inaccurate criminal records, employment history errors, or other mistakes on consumer reports used for employment and housing decisions. Background check companies are subject to the same FCRA requirements as the major credit bureaus. Learn more about background check errors.
Denials based on credit report errors. If you were denied a loan, a mortgage, an apartment, or a job because of inaccurate information on your credit report or background check, you may have claims both for the underlying reporting errors and for the denial itself. Learn more about adverse action and denials.
Many consumers don’t get the help they need because they mistakenly assume that the litigation process will involve out-of-pocket expenses. That is typically not the case. Here is how the process works at Schlanger Law Group:
Initial call. You speak with our intake team, who will ask about the type of credit reporting error you are dealing with, the basic timeline, and what steps you have already taken. This call is free and there is no obligation.
Attorney consultation. If your situation is one we believe we may be able to help with, you receive a free consultation with one of our attorneys. We review your credit reports, your dispute correspondence, and any supporting documentation. We assess the strength of your claims. If we can offer to represent you, we walk you through the litigation process and explain the timeline and financial arrangement.
Investigation. Once retained, we do additional assessment and investigation, including gathering additional documentation regarding the error, working through the potential damages that can be recovered, and making sure we have any additional information that we anticipate will be necessary.
Litigation. We draft a complaint for your review and once approved we commence an action, typically in federal court. Following commencement of the action, many cases proceed to discovery, where both sides are able to request documents relating to the claims from one another, and which may involve both sides taking pre-trial testimony (i.e. depositions). Many cases settle during this discovery process, sometimes as a result of direct negotiations and sometimes with the assistance of a mediator.
Resolution. Many FCRA cases resolve through settlement. Those resolutions often occur 6 to 12 months into the litigation, although the timeline varies depending on a variety of factors including case valuations, case complexity, court deadlines, etc. The FCRA is a fee shifting consumer protection statute, i.e. if the consumer prevails the defendants must pay the consumer’s attorney’s fees and costs. As a result, consumers are typically represented by lawyers working on a contingency, and are not required to pay for attorney services out of pocket. In the event of a settlement, FCRA lawyers are typically paid out of the settlement funds.
Throughout this process, your attorney is available to answer questions and keep you informed. We understand that litigation can feel overwhelming, and we make it a priority to explain each step as it happens.
Schlanger Law Group has represented consumers in credit reporting and identity theft cases since 2007. Representing victims of credit reporting inaccuracies is a core practice area. Our attorneys have developed deep expertise in credit reporting litigation, including anticipating and addressing defenses to consumer claims, strategic considerations, document analysis, etc.
While every case is different, we are proud to regularly achieve outstanding, six-figure results for individual FCRA clients. For examples of our work, see our case results page.
Our founder Dan Schlanger, a former federal appellate clerk and Harvard Law School graduate, has spent his career advocating for consumers. Our attorneys regularly educate other attorneys on credit reporting and identity theft issues at conferences, and are leaders in the field. The firm has been recognized by the New York Times, the Wall Street Journal, and the ABA Journal for our work in consumer financial protection.
We typically represent clients on a contingency fee basis, which means there is typically no cost to you upfront. We advance all litigation costs, including court filing fees. If your case is not successful, you owe us nothing, and our firm absorbs the costs we have advanced in your case. The FCRA’s fee-shifting provision means that if you prevail, the defendant, not you, pays our attorney’s fees.
Schlanger Law Group has been helping consumers fight back against credit reporting errors since 2007. We handle cases on a contingency fee basis with no upfront cost to you, and we handle cases nationwide.
If you have disputed inaccurate information on your credit report and the errors remain, contact us today to discuss your options.
In most cases, nothing upfront. The FCRA includes a fee-shifting provision that requires the defendant to pay the prevailing consumer’s attorney’s fees and costs. Because of this, most credit reporting attorneys, including Schlanger Law Group, typically represent clients on a contingency fee basis. We advance all litigation costs. If your case is not successful, you owe us nothing. For more on what you can recover in an FCRA case, see our page on FCRA damages.
Not necessarily. If the error is straightforward and you have not yet disputed it, you may be able to resolve it on your own through a written dispute to the credit bureau. Our step-by-step dispute guide explains that process. But if you have already disputed and the bureau refused to correct the error, or if you have suffered financial harm as a result of the inaccurate reporting, an attorney can evaluate whether you have a legal claim and pursue it on your behalf.
It varies depending on the complexity of the case, the number of defendants, and whether the case settles or goes to trial. Many FCRA cases resolve through settlement in the six-to-twelve-month range after filing, but some take longer. Your attorney will give you a realistic timeline assessment during your initial consultation. For more on dispute timelines, see our article on how long credit reporting disputes take.
Consumers who prevail in FCRA cases can recover actual damages (compensation for denied credit, higher interest rates, lost opportunities, and emotional distress), statutory damages of $100 to $1,000 per willful violation, punitive damages, and attorney’s fees and costs. The specific damages available depend on whether the violation was willful or negligent. For a full breakdown, see our page on FCRA damages.
Yes. The FCRA is a federal statute. While our offices are in New York, we regularly work on cases in courts and arbitrations around the country.
Credit repair companies typically do not file lawsuits and cannot use the litigation process to force credit bureaus and creditors to stop reporting inaccurate information. A credit reporting attorney is typically focused on litigating claims involving credit reporting inaccuracies. For a fuller comparison, see our page on credit repair vs. hiring a lawyer.
If you have questions about your credit report or believe you may have a legal claim, we are happy to discuss your situation. Contact us today for a free consultation.