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2.1.4 Reason #4: Prevailing in the Collection Action Can Improve a Consumer’s Credit Rating

Consumers are rightfully concerned about their credit rating, and prevailing in the collection action can have an impact on their credit record. If the case is dismissed, the consumer can take action to ensure that credit reports indicate that the current balance of that debt is now reported as zero.18 If the judge also rules that the consumer never owed the money—for example, because the collector sued the wrong consumer—then the consumer can seek to delete information in their consumer report that the debt ever had been in default.19 In addition, the consumer attorney can help the consumer dispute inaccurate information in a credit report, and the consumer has a cause of action under the Fair Credit Reporting Act (FCRA) if that information is not properly investigated and corrected.20

Footnotes

  • 18 See § 17.3, infra.

  • 19 Id.

  • 20 Id.