Remedies for FCRA Violations

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. §§ 1681 and following), you have a right to the fair and accurate reporting of your credit information. You're also entitled to certain privacy rights concerning your credit information and protection from the misuse of your credit data.

If someone violates your rights under the FCRA, you have remedies available. Those remedies might include:

• actual damages
• punitive damages
• attorneys' fees, and
• costs.

The type of remedy will depend on whether the violation was intentional or negligent.

What Is the Fair Credit Reporting Act?

The FCRA governs the behavior of consumer reporting agencies, also called "credit bureaus," and the businesses or individuals that report information to the consumer reporting agencies (CRAs). The CRAs compile this information into your credit reports.

Creditors, landlords, and employers may rely on information in your credit reports when making decisions to extend credit to you, give you a job, or rent a home or apartment to you.

What Is the Purpose of the FCRA?

The FCRA provides rules about who can access your report, what can be reported and for how long, and what CRAs and information suppliers (also called "furnishers") must do if you dispute information. If a CRA or another entity violates the FCRA, you might suffer harm.

For example, inaccurate information in your report could lead a creditor to deny you a car loan or credit card, an employer to refuse to hire you, or a landlord to decide not to rent to you. You could suffer other harm as well.

What Happens If the FCRA Is Violated?

If an FCRA violation happens, you can sue in court. Here are the remedies that are available.

What Are the Damages for a Willful Violation of the FCRA?

If you can show that the CRA, information furnisher, or entity using the information willfully violated its obligations under the FCRA, then you may be entitled to recover up to all of the following damages:

• basic damages: your actual, provable damages (no limit) or statutory damages between $100 and $1,000 (to get these you don't have to prove that the violation harmed you)
• if the violator was an individual who lied to get your credit report, or used it for an improper purpose, then the greater of your actual, provable damages (no limit) or $1,000 flat
• punitive damages, as decided by the court, and
• attorneys' fees and costs. (15 U.S.C. § 1681n (2024).)

What Are the Damages for a Negligent Violation of the FCRA?

You are also entitled to damages if you can show that the CRA or other entity negligently failed to comply with its obligations under the FCRA. Damages here include:

• actual damages (no set limit or minimum), and
• attorneys' fees and costs. (15 U.S.C. § 1681o (2024).)

Beware: Penalty for a Frivolous FCRA Lawsuit

The FCRA has a penalty for filing any lawsuit or subsequent court documents that are later determined to have been filed in "bad faith or for purposes of harassment." You (or the defendant) might have to pay the other side's attorney fees if you (or they) file bad faith papers and lose. (15 U.S.C. § 1681n, 15 U.S.C. § 1681o (2024).)

How Can I Sue for FCRA Violations?

You can file a complaint in either federal court or your state's court, subject to a time limit, called a "statute of limitations."

What Is the Statute of Limitations on a FCRA Claim?

Your suit must be filed no later than the sooner of:

• two years after the date you discovered the violation, or
• five years after the date of the violation. (15 U.S.C. § 1681p (2024).)

Talk to a Lawyer About FCRA Violations

To learn more about filing a lawsuit for FCRA violations, talk to a consumer protection lawyer or debt settlement lawyer.