Experian, TransUnion, and Equifax. Most adult Americans know that they are credit reporting agencies and can affect you in a good or bad way. Credit scores and credit checks are part of life. But what happens when one of those three agencies lists you as “deceased.” Wait a minute, I’m not dead!
It might seem funny for a minute, but the consequences of this error on your credit report are not amusing. When you are a consumer (applying for a credit card, buying a car, renting an apartment), and you discover that your ability to get credit is gone because one credit bureau thinks you are dead and they wiped out your entire credit history, that’s a huge problem. When I first heard this happened, I almost didn’t believe it.
It’s a problem that can be fixed, but it can also be a lawsuit on your behalf due to the harm you’ve suffered. It’s a terrible error that shouldn’t happen. Credit reporting agencies are required to report with maximum possible accuracy, so they are motivated to fix errors. Whether you are listed as deceased because of identity theft or your report was confused with the report of someone who did actually die, there are steps to take to clear this up.
- Check All Your Credit Reports: Get copies of your reports from Equifax, Experian, and TransUnion to see how they’re reporting your status.
- Dispute the Error: Write a dispute letter to all three credit bureaus, stating that you are very much alive. Include supporting documents like a recent paycheck stub or recently paid bills.
- Send It Properly: Use certified mail or another method that provides delivery proof to send your dispute letters. This way, you’ll know when the credit reporting agencies receive them.
The credit reporting agencies have 30 days once they get your dispute to investigate and respond. Depending on what they say, you can either reapply for credit or keep disputing if they still list you as deceased.
If you think you’re a victim of identity theft, contact your local police to file a report and alert the credit agencies to place a fraud alert on your file. This will make sure that no new accounts can be opened in your name without your direct confirmation.
Regardless of all of this, you can likely file a lawsuit under the Fair Credit Reporting Act (FCRA) for not complying with the law by continuing to report false information after being notified of the mistake. These lawsuits can be financially significant.
This is a very specific situation and area of law. You will need an attorney who has experience and success with these cases. We can point you in the right direction to an attorney who only gets paid if they win the case. If you’d like our help, please call any time for a free consult at 312-346-5320.
