How to Sue Equifax

Last Updated:
April 30, 2023

How to Sue Equifax

Equifax is one of the big three credit bureaus alongside TransUnion and Experian. Because of this, Equifax furnishes lenders, banks, credit unions, and employers with consumer reports containing credit information.

As one of the biggest names in credit reports, Equifax usually does a good job and provides accurate information to lenders, employers, and more. However, Equifax can and does make mistakes from time to time. When this happens, you may need to know how to sue Equifax to recover compensation for damages you might have suffered. Read on to learn more.

Reasons to Sue Equifax

Although Equifax is well known as one of the best credit report providers, the organization sometimes makes mistakes. These mistakes can cost you dearly in terms of job opportunities, financial options, and much more. Truth be told, there are lots of reasons why you might need to sue Equifax, including:

  • Equifax provided a lender, bank, or other financial institution with inaccurate information, thereby costing you a financial opportunity, like an excellent loan with good terms
  • Equifax provided a prospective employer with inaccurate or out-of-date information, like a record of criminal activity that never happened. If Equifax costs you a job opportunity that you are otherwise qualified for, you could sue it for damages
  • Equifax is made aware of inaccurate or out-of-date information on your credit report from them, but it refuses to fix the inaccurate info. Because of this, Equifax directly violates your consumer rights under the Fair Credit Reporting Act, leaving it open for a lawsuit
  • Equifax provides your credit information to someone without a permissible purpose, such as your landlord, when they have no reasonable reason to have your credit information. In doing this, Equifax has violated your consumer rights

There are lots of different ways in which Equifax can violate your consumer rights and leave itself open to a lawsuit. If you believe you have grounds for a lawsuit, you need to know how to sue Equifax step-by-step.

How to Sue Equifax Step-by-Step

Fortunately, suing Equifax isn’t terribly difficult or complicated, especially when you work with knowledgeable attorneys. Here’s what you should do to sue Equifax and maximize your chances of receiving a favorable settlement or compensation.

Contact Consumer Rights Attorneys

First, never plan on suing Equifax by yourself, or pursuing any other legal action. Why?

Simply put, consumer rights attorneys are knowledgeable legal experts in this arena. They know the ins and outs of the FCRA and other relevant legislation, so they know your rights, the rights of consumer reporting agencies like Equifax, and much more.

If you ever have any questions about your case, hiring knowledgeable attorneys will allow you to get those answers quickly so you can formulate the best plan for your specific needs.

Most importantly, consumer rights attorneys like Fair Credit can provide a range of invaluable assistance during your lawsuit and legal proceedings, such as:

  • Gathering evidence to strengthen your case. Even if you believe your case is open and shut, odds are you’ll need more evidence than you currently have in order to sway a judge or court to your side
  • Negotiating with Equifax on your behalf, especially if the credit bureau provides you with a settlement offer. Knowledgeable attorneys can tell you whether a settlement offer is worthwhile or if you should hold out for a different offer entirely
  • Providing legal counsel so you always know what to do and what’s best for your family in your current financial situation

Even if you think you have a great chance of succeeding with a lawsuit, it’s a good idea to contact attorneys anyway. Don’t worry about legal fees, either. FCRA-related lawsuits require that guilty defendants pay the legal fees of plaintiffs. So if your lawsuit is successful, the defendant will pay any attorney fees you incur, not you.

Draft a Demand Letter or Dispute Letter

The next step to suing Equifax is to draft a demand letter. Legally speaking, you can’t sue anybody or any party, even Equifax, without giving them a chance to address your concerns first. Depending on the nature of your complaint against Equifax, you’ll either file a demand letter or dispute letter.

You’ll file a demand letter if Equifax has breached your rights in some way that can’t be resolved by fixing inaccurate credit info. For example, if Equifax provided your credit information to someone who didn’t need it, thereby compromising your identity, you may write a demand letter asking for a certain amount of money.

A dispute letter is better if you discover one or more errors on your credit report. Say that you locate inaccurate or out-of-date information that compromises a job opportunity. You can write a dispute letter to Equifax; after that, Equifax has 30 business days to investigate and fix the inaccurate information.

In either case, the demand letter or dispute letter gives Equifax a chance to avoid a lawsuit by doing what's right. If Equifax doesn’t respond to your demand letter or doesn’t fix inaccurate information on your credit report, it’s time to proceed to the next step.

Acquire and Fill Out Court Forms

Now, you need to acquire Court forms to begin the process of suing Equifax in small claims court. Your state’s overall court website will tell you exactly what forms you need to fill out based on your county and where you live. Alternatively, you can simply ask your consumer rights attorneys to put together the paperwork for you. If you sue with the right attorneys working for you, they’ll take care of all of this on your behalf, as well as explain the process from start to finish.

Remember, acquiring and filling out court forms also involves getting the right number of copies. In most cases, you need three or four copies of every form you acquire and fill out.

File Your Lawsuit with Court

At this stage, you need to officially file your lawsuit with your local county court. The courts will put it on record that you plan to sue Equifax, assign you a court date, and provide you with further information.

In most small claims court processes, you have to appear in person. But depending on your local county, you might be able to send your documents through the mail, faxing, or even potentially online. In any case, you'll have to pay a small claims court filing fee in order to finish filing your lawsuit.

Again, having attorneys on your side for this step is invaluable. They’ll know exactly where you need to go, how much money you need to have for your fee, and what else you need to do to ensure that you file your paperwork properly. They can even potentially work with you so your court date is on a date and time that works for your schedule or needs.

Serve Equifax

You’re still not done suing Equifax. Now you need to serve Equifax; that means providing Equifax with notice that you plan to sue them in small claims court. Your attorneys can do this for you, as well as follow the specific and important rules that are present in your state.

 It’s very important to do this properly, as failing to do so could cause your lawsuit to be thrown out without any compensation on your behalf.

If you don’t know how to serve Equifax, contact attorneys at this step so they can assist you.

Go to Trial or Resolve the Issue with a Settlement

Should you follow the other steps of the letter, you’ll then be assigned a proper court date and have to go to trial. Alternatively, Equifax may decide to offer you a settlement to avoid going to court.

Settlements are incredibly common in most civil court cases. Therefore, don't be surprised if Equifax offers you a settlement amount like a certain sum of money. Your attorneys will be able to advise you on whether the settlement amount is appropriate, given the details of your case and the evidence they've collected so far. In some cases, they may recommend you take the deal. In others, they may recommend you proceed to court.

If you do go to court, you may need to present your case to a judge, as well as represent yourself. Your attorneys will coach you so you know what to say, how to say it, and how to present yourself effectively in front of a judge. If your case is successful, you’ll recover damages and compensation for any of the monetary and nonmonetary losses you may have suffered throughout the entire ordeal. 

Wrap Up

As you can see, suing Equifax is fairly straightforward, but it’s oftentimes challenging without knowledgeable consumer rights attorneys on your side. At Fair Credit, we’re well-equipped and ready to assist with your case, whether you want to sue Equifax for inaccurate credit information or some other breach of your consumer rights.

When you contact us today, we’ll provide you with sound legal counsel and help you understand all of your legal options. Give us a call or contact us online for a free consultation.

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