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Fair Credit Reporting Act

FCRA damages and deadlines

The FCRA lets consumers sue companies that break it, and it makes the company pay your attorney fees if you win. That's why many consumer attorneys take these cases without charging you up front. Here's what the law allows, and how long you have.

What you can recover

Willful violations (§ 1681n)

If a company knowingly or recklessly violated the law, you can recover either your actual damages or statutory damages of $100 to $1,000, plus punitive damages if a court allows them, plus court costs and reasonable attorney fees.

Negligent violations (§ 1681o)

If a company was careless, you can recover your actual damages, plus court costs and reasonable attorney fees. Statutory damages aren't available for negligence alone.

What counts as actual damages

Courts have recognized higher interest you were charged, a loan or card you were denied, a job or apartment you lost, and in many courts emotional distress, damage to reputation, and the time and expense of fixing the problem. Documentation matters: denial letters, rate quotes, and a record of what you went through.

How long you have

An FCRA lawsuit must be filed by the earlier of:

  1. 2 years after you discovered the violation, or
  2. 5 years after the violation happened. (§ 1681p)

Each new failure can be a new violation. A new dispute that's mishandled, or an error that's reinserted, can start its own clock. But don't count on that. If an error has cost you something, talk to an attorney well before the two-year mark.

What makes a claim stronger

  1. A written dispute that was specific. "This account belongs to my father, John Smith Sr." is stronger than "not mine."
  2. Proof you sent with it. Payoff letters, court orders, police or FTC identity theft reports.
  3. A response that ignored your proof. "Verified" after you sent a paid-in-full letter is the classic example.
  4. Harm you can show. A denial, a higher rate, a lost opportunity.
  5. Repeat disputes. The same error surviving more than one dispute suggests the investigation wasn't reasonable.
No dollar figure here on purpose

We can't tell you what a claim is worth. That depends on the facts, the court, and the evidence, and only an attorney can assess it. What we can do is help you build the paper trail an attorney will want to see.

Three ways to get this fixed

Everything on this site you can do yourself, for free. If you'd rather have help, pick the path that fits.

Have it handled for you

BCR Consulting prepares and sends disputes on your behalf and tracks every deadline.

See BCR Consulting

Do it yourself, with software

The Deletion Machine walks you through disputes step by step and keeps your paper trail organized.

See The Deletion Machine

Talk to a consumer attorney

If a violation cost you a loan, a job, or an apartment, or it keeps happening, a consumer attorney can tell you what the claim is worth.

Find an attorney (NACA)

Not sure which? Tell us what happened.

Please don't include your Social Security number or full account numbers. Sending this doesn't create an attorney-client relationship; BCR Consulting is not a law firm.

More guides

Being called by a debt collector too? See FDCPAViolations.org for what collectors are and aren't allowed to do.