Overview
Case Number: 1:21-cv-00184-SM
Practice Area: Credit Reporting & Background Checks Credit Report Errors
Case Status: Settled
Court: United States District Court Southern District of Ohio
Table of Contents
In early 2022, Berger Montague resolved a case on behalf of Mariaeugenia Pintos-Quiroga, an individual who was denied numerous credit opportunities – including home and vehicle loans – due to credit report errors by Equifax Information Services LLC and Experian Information Solutions, Inc. Ms. Pintos-Quiroga’s credit reports were negatively impacted by personal information and numerous credit accounts that did not belong to her. Berger Montague resolved the case to Ms. Pintos-Quiroga’s satisfaction.
The issue that plagued Ms. Pintos-Quiroga is known as a “mixed file,” where a credit reporting agency mixed her information with another individual’s information and then included information belonging to that other individual on her credit report. Such mistakes often happen because credit reporting agencies have failed to implement controls that would identify and correct errors when consumers have similar information like name, dates of birth, or similar Social Security numbers.
Through 2019 and 2020, Ms. Pintos-Quiroga, applied for credit numerous times, including credit cards, small business loans, and home mortgage loans. Each of her applications were denied. Ms. Pintos-Quiroga, who believed that her credit score and history should have been good enough to be approved, was at a loss for what to do as she tried to buy a home for her family.
However, unbeknownst to Ms. Pintos-Quiroga, many of her credit applications were negatively affected by the presence of over two dozen credit accounts that did not belong to her, including many that were behind on payments or in default. The information, which actually belonged to Ms. Pintos-Quiroga’s sister, had been inaccurately included as part of her credit reports.
This painful and frustrating situation happened to Ms. Pintos-Quiroga because Equifax and Experian have negligent practices for assembling credit reports. These companies failed to conduct simple checks of the information that would have recognized that the information on Ms. Pintos-Quiroga’s report belonged to an individual with a different first and middle name, different date of birth, and different Social Security number.
When she discovered this false and defamatory information, Ms. Pintos-Quiroga tried to dispute the false information with Equifax and Experian on at least two occasions, but each time they failed to fix the problem.
The problem was preventing Ms. Pintos-Quiroga from purchasing a home for her and her family. Recognizing that she was getting nowhere on her own, Ms. Pintos-Quiroga reached out to Berger Montague for assistance. Ms. Pintos-Quiroga brought her claims under the Fair Credit Reporting Act, which protects innocent consumers from companies that use deficient procedures to compile credit reports and background checks. Berger Montague pursued relief for Ms. Pintos-Quiroga, and the matter has now been resolved.
Ms. Pintos-Quiroga was represented by Berger Montague attorney Hans W. Lodge.
The Damaging Effects of Inaccurate Credit Reporting
Many people unfairly experience the harmful effects of inaccurate credit reporting—often when applying for credit or searching for a place to live. These inaccuracies appear in many forms, and all can have a devastating impact on a consumer’s ability to obtain credit and housing, among other things. Berger Montague can assist in rectifying the problem and obtaining compensation for individuals experiencing mixed files, the reporting of an inaccurate financial accounts, and being reported as deceased, among other things.
The law requires credit reporting agencies to employ procedures to assure the maximum possible accuracy of the consumer reports they assemble and publish regarding individual consumers. It also requires these companies to conduct reasonable investigations of inaccuracies disputed by consumers to ensure that any inaccuracies are promptly corrected once discovered. But the procedures used often fall far short of what the law requires.
Berger Montague can a hold these companies accountable and fight for your rights. If you have been damaged by false information on your credit report or background report, contact us today for a free consultation on how to pursue relief.
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