Q: Are the apartment complex and debt collector liable for a reporting error that impacted my credit?
I paid the full amount owed to my apartment complex promptly after moving out. Eight months later, I discovered they mistakenly reported my account to a debt collector and the three credit bureaus. Both the debt collector and the apartment manager confirmed verbally and through email that it was an error, and the debt collector said it would take 45 days to resolve with the credit bureaus. This error has impacted my credit, which I have worked hard to improve. Are they liable for any damages caused by this reporting error, and what are my options to ensure my credit is restored promptly?
A: I would make sure to dispute it directly with the credit bureaus as well. I would contact a consumer protection attorney familiar with the Fair Credit Reporting Act to discuss potential liability. It's tough to say at this point but happy to answer other questions.
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A:
It sounds like the reporting error is causing significant distress, especially since it’s impacting your credit. Since both the apartment complex and the debt collector have confirmed the error, they may be liable for the harm caused by the incorrect reporting. Under the Fair Credit Reporting Act (FCRA), both the original creditor (the apartment complex) and the debt collector have a responsibility to ensure that the information they report is accurate.
To address the situation, you should continue following up with both the apartment complex and the debt collector in writing, making sure to document all communications. Request that they send a written confirmation to the credit bureaus that the debt was paid and that the report was made in error. If the error persists after 45 days, you can file a dispute with the credit bureaus to correct the inaccurate information.
You may also want to consider speaking with a lawyer who can help you understand whether you have grounds for a legal claim for damages caused by the credit reporting error. Additionally, keep monitoring your credit and work with the credit bureaus to ensure the mistake is corrected quickly.
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