Credit Card Center Advertiser Disclosure

New Visitor
Posts: 0
Registered: ‎05-27-2013
0 Kudos

damaged credit - can you sue

My credit has been seriously damaged by a false charge applied to my credit report. I have documentation for proof and I have just been turned down for a mortgage. Even though I have the documentation, the bank says they have to go by the score.. I'm!
Moderator Emeritus
Posts: 7,225
Registered: ‎09-16-2011
0 Kudos

Re: damaged credit - can you sue

Hi and welcome to the forum!


Yes you can sue...  you need to find a consumer attorney to take on your case.  Several members of our forum, including Community Leaders and fellow moderators have successfully sued in court.

Starting Score: 08/29/2011 TU 671 EQ 674
Current Score: TU 754 EQ 694 EX 697
Wallet: NFCU Visa Sig 25k, Amex Lowes 22k, NavCheck 15k, Amex PRG, Amex Zync, Discover It 13.5k, Amazon Visa 5k
Platinum Spade Garden Club Member: App Free since 1/1/13. No more apps til who knows when?
MyFICO Fitness Goal: 800s Club!

Take the myFICO Fitness Challenge
Valued Contributor
Posts: 1,612
Registered: ‎08-30-2011
0 Kudos

Re: damaged credit - can you sue

[ Edited ]

indianabeth wrote:
My credit has been seriously damaged by a false charge applied to my credit report. I have documentation for proof and I have just been turned down for a mortgage. Even though I have the documentation, the bank says they have to go by the score.. I'm!

Anyone can sue anyone else for any reason; anyone can file a lawsuit.  The problem is getting the court to accept the suit, and winning the suit.  Sounds like you may have a very strong case with documentation.  As webhopper suggested, find a good consumer attorney and go for it !

EX = 849 EQ = 850 TU = 850 as of 07/2017
Retired and Retiring Cards!
Community Leader
Epic Contributor
Posts: 29,745
Registered: ‎03-19-2007
0 Kudos

Re: damaged credit - can you sue

[ Edited ]

Prior to bringing legal action, it is best, in my opinion, to have first exercised your administrative rights under the appropriate statutes.


That puts you in a stronger postiton  prior to trial, compelling the other side to first take required actions, and most importanctly, to provide you certain information prior to any legal action.  Additionally, legal action against the reporting party will most likely require showing of at least negligence on the part of the reporting party, as the simple reporting of what is later found to be inaccurate information is not per se a violation of the statute.  Gathering information to support such a contention can be assisted pre-trial by certain discovery rights under the FCBA and FCRA. 


Any issue over billing on a credit card avails the consumer of the right to file a formal complaint under the Fair Credit Billing Act within 90 days of becoming aware of any billing error.  A false charge clearly qualifies.  FCBA disputes, unlike FCRA disputes, provide right of the consumer to certain documentation from the creditor.

When did you become aware of the error?


Additionally, use of the identity theft provisions of the FCRA would have provided the right to have the information asserted to not have been authorized by you blocked from your credit report, and thus not an issue known affecting your score or known to your mortagae lendor.  It would also have provided the right to compel the creditor to provide alll business records pertainiing to the false charge, thus giving you valuable documenation to use if and when you proceed to legal action.     See FCRA 605B regarding credit report blocking, and FCRA 609(e) regarding the right to discovery of business records of the creditor.


That begs the final issue of whether you intend to bring legal action against the creditor for reporting of inaccurate information, or to discover the party who apparently used your identity, and bring action against them.  Obviously, that cannot be done without more information.



Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.

† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
‡ Credit cards for FICO Score ranges: The score ranges are guidelines based on internal myFICO analysis of actual applicant approvals, and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range. These ranges were not provided by any card issuer.

* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.