The Fair Credit Reporting Act (FCRA) stands as a safeguard to preserve the accuracy and privacy of information utilized by credit or consumer reporting agencies. Demesmin and Dover Law Firm underscores the importance of this federal law, offering comprehensive insights into the rights granted by the FCRA under Florida jurisdiction.

What is the Federal Credit Reporting Act and why does it exist?

The Fair Credit Reporting Act (FCRA) was enacted at the federal level with the primary goal of protecting consumers’ rights and ensuring the accuracy and fairness of information contained in their credit reports. In the context of Florida, the state has implemented additional mandates to reinforce these protections. Florida law emphasizes the importance of transparency and accountability in the use of consumer information, ensuring that individuals are informed when adverse actions are taken based on their credit or background information. These mandates are designed to prevent the misuse of personal data and provide consumers with avenues for redress in case of inaccuracies or violations. Demesmin and Dover Law Firm is dedicated to navigating clients through the intricacies of both federal and state laws, ensuring that individuals in Florida are equipped with the knowledge and legal support necessary to safeguard their rights under the FCRA.

What are some of the areas this applies to?

  1. Notification of Adverse Actions:
    In compliance with Florida laws, if you face adverse consequences such as credit denial, employment refusal, or housing rejection due to information obtained from a background check or credit report, the concerned parties must notify you. Demesmin and Dover Law Firm ensures that you receive the relevant details, including the agency’s name, address, and contact number that furnished the information.

  2. Access to Your File:
    As a Florida resident, you have the right to request and receive a copy of your file from any consumer reporting or credit reporting agency. This includes the right to a free file disclosure under specific circumstances, such as identity theft, fraudulent mistakes, receipt of public assistance, or imminent unemployment within the next 60 days.

  3. Free Annual Credit Report:
    In alignment with Florida laws, you are entitled to one free credit report annually. To exercise this right, you must request it from each of the major credit bureaus—Expedia, TransUnion, and Equifax.

  4. Requesting Your Credit Score:
    Florida residents have the right to request and receive their credit score from consumer agencies that create or distribute credit scores. While agencies can charge for this service, Demesmin and Dover Law Firm ensures that you are informed of your credit score upon request.

  5. Disputing Errors on Consumer Reports:
    If errors are identified in your credit report, consumer report, or background check, Florida law grants you the right to dispute them. The legal team at Demesmin and Dover ensures that parties responsible for providing inaccurate information conduct a prompt and thorough investigation, removing any unverified information within 30 days.

  6. Limitations on Reporting Outdated Negative Information:
    Under Florida jurisdiction, negative information that is more than seven years old cannot be reported in a credit report. Bankruptcies that occurred over ten years ago are similarly prohibited from being reported.

  7. Restricted Access to Information:
    Florida law dictates that only parties with a legitimate need, such as employers, insurers, creditors, or landlords, can access your information in consumer reports.

  8. Consent Requirement for Employer Access:
    To access your consumer reports, potential or current employers must obtain your written consent, ensuring compliance with Florida laws, with the exception of situations involving the trucking industry.

  9. Right to Seek Damages:
    Under Florida jurisdiction, you have the right to seek damages if consumer reporting agencies violate the FCRA. Demesmin and Dover Law Firm stands ready to guide you through the legal process, offering a free consultation to discuss potential actions against those who have misused your information. If you believe your rights have been violated, contact Demesmin and Dover Law Firm for expert legal assistance.

Do I have a case?

Think you may have a case? Well here’s a few things you can check and compile before contacting an attorney. ​

  • Did you receive a payment reminder email between 9 PM and 8 AM for your time zone? 

  • Did you receive a debt collection notice for something you never purchased? (Identity Theft?) 

  • Is your credit being effected by a bill that does not apply to you?

  • Did you pay all of your bills on time and are wrongfully being penalized for something you did not do? 

If you answered yes to any of these questions do yourself a favor and screenshot, save, and keep the information that proves that then call us here at Demesmin and Dover Law Firm for your free consultation. ​

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