Know Your Right to Fair and Accurate Credit: How to Fix Credit Errors After Data Breaches and Identity Theft

UPDATE: This article was updated 3/2/2018

On Thursday, March 1st, 2018, credit bureau Equifax announced that an additional 2.4 million Americans were impacted by last year’s Equifax data breach. The company disclosed that the information stolen from these additional consumers was their name and partial driver’s license number. The attackers were also unable to get the state where the license was issued, the date it was issued, or its expiration date.

The previously reported breach of the initial 145.5 million Americans from May – July of 2017 resulted in the compromise of social security numbers, birthdates, names, driver’s license numbers and addresses. This brings the total to about 147.9 million Americans who have been impacted by Equifax’s data breach, which remains the largest data breach of personal information in history.

Despite millions being affected by this breach, a new survey reveals that half of U.S. adults have not looked at their score or taken steps to find out whether their information is at risk. This inaction could potentially lead to damaged credit records and credit ratings for consumers.

In light of the Equifax data breach, we understand consumers are concerned about their personal information and confused about what to do to protect themselves should they be among the millions of Americans whose information was compromised. We here at Lexington Law understand your concerns and want to clarify your rights as they relate to credit errors that might occur because of the breach, and help you understand the law is on your side to help fix those errors.

While Equifax is offering identity theft protection and credit monitoring services to those that were affected by the breach, it is important to keep in mind that the bureau cannot repair any kind of credit damage or errors that may have resulted from the breach as they are not structured to do so. Equifax’s terms and conditions state, “We do not offer, provide, or furnish any products, or any advice, counseling, or assistance, for the express or implied purpose of improving your credit record, credit history, or credit rating. By this we mean that we do not claim we can ‘clean up’ or ‘improve’ your credit record, credit history, or credit rating.” This is where Lexington Law comes into play because we CAN work to repair your credit—it’s what we were founded to do, and what we have successfully done for thousands, for more than two decades.

According to The Fair Credit Reporting Act (FCRA), Fair Credit Billing Act (FCBA) and the Fair Debt Collections Practices Act (FDCPA), you as the consumer have the legal right to dispute any inaccurate items that may appear on your report as a result of this data breach, or otherwise. Our firm’s 13 years of experience fighting for consumers have helped us develop tools and strategies that advocate for you and help fight for the credit you deserve. We help consumers utilize consumer protection laws that were created to keep you from becoming a victim of the credit reporting system, and ensure that any information that appears on a client’s credit report is fair, accurate and substantiated.