By Stephanie Lane , Attorney Case Western Reserve University School of Law
Updated by Amy Loftsgordon , Attorney University of Denver Sturm College of Law
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The type of remedy will depend on whether the violation was intentional or negligent.
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.
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.
If an FCRA violation happens, you can sue in court. Here are the remedies that are available.
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:
Definition of "Willful"
A "willful" violation doesn't just mean that you have to prove that the CRA or other entity actually knew that it violated your rights. Rather, it's enough to prove that it was acting recklessly—that is, the CRA or other entity knew or should have known that it was running afoul 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:
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).)
You can file a complaint in either federal court or your state's court, subject to a time limit, called a "statute of limitations."
Your suit must be filed no later than the sooner of:
To learn more about filing a lawsuit for FCRA violations, talk to a consumer protection lawyer or debt settlement lawyer.