Delaware does not have a general state credit reporting act, so the federal Fair Credit Reporting Act (FCRA) sets most of the rules for credit report accuracy and disputes. Under the FCRA, Equifax, Experian and TransUnion must reinvestigate disputes, usually within 30 days. The lenders, collectors and servicers that report to them must investigate disputes passed on by the bureaus and fix or delete information they cannot verify.
Delaware adds two notable protections. The Clean Credit and Identity Theft Prevention Act, 6 Del. C. ch. 22, gives consumers the right to a security freeze under § 2203, and § 2205 lets a parent or representative freeze the file of a protected consumer, such as a child under 16 or a person under guardianship. Federal law now makes freezes free at the nationwide bureaus. Delaware also has one of the country's broadest medical debt reporting bans. Since October 27, 2025, the Medical Debt Protection Act, 6 Del. C. § 2507J, has barred anyone from reporting medical debt to a credit bureau. It also bars bureaus from issuing reports they know or should know contain medical debt. In October 2025, a federal agency issued a non-binding interpretation claiming the FCRA preempts state medical debt bans, so the law may face challenges.
Delaware is a single federal judicial district. An FCRA lawsuit by a Delaware resident can be filed in the U.S. District Court for the District of Delaware in Wilmington. The FCRA also allows suit in state court.
Where Delaware FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Delaware are heard in one federal district:
- District of DelawareCourthouses: Wilmington.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Experian: HQ in C.D. California · Dispute Processing in E.D. Texas · Offices in N.D. Illinois
- Equifax: HQ in N.D. Georgia
- TransUnion: HQ in N.D. Illinois
- Santander Consumer: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Delaware laws that add to the FCRA
- Clean Credit and Identity Theft Prevention Act, security freeze (6 Del. C. § 2203)
Lets Delaware consumers place a security freeze that stops a credit bureau from releasing their report without permission, with deadlines for placing and lifting the freeze. Read it - Security freezes for minors and protected persons (6 Del. C. § 2205)
Lets a parent or representative freeze the credit file of a protected consumer, such as a child under 16 or an incapacitated person with a guardian. A bureau must place the freeze within 30 days. Read it - Medical Debt Protection Act, medical debt and consumer reporting agencies (6 Del. C. § 2507J)
Bars any person from reporting medical debt to a credit bureau. It also bars credit bureaus from issuing reports they know or should know contain medical debt information. Read it
Common credit report errors
- Accounts that aren't yours, including mixed-file and identity theft accounts
- Late payments you didn't make, or payments not credited
- Paid, settled or discharged debts still shown as owed
- Collections reported past the seven-year limit or re-aged
- A deceased indicator on a living person's file
Learn how these cases work on our credit report lawsuits page, or read our lawsuit guides for Equifax, Experian and TransUnion.
Frequently asked questions
Can medical debt still appear on my credit report in Delaware?
Delaware law has barred reporting medical debt since October 27, 2025. If a medical collection still shows up, you can dispute it with the credit bureau and the company that reported it. A federal agency claims federal law preempts these state rules, so enforcement could depend on future court rulings.
Can I freeze my child's credit in Delaware?
Yes. Delaware law lets a parent or representative freeze the file of a child under 16, and the bureau must act within 30 days. Federal law also requires the nationwide bureaus to freeze a minor's file for free on request.
Where is an FCRA lawsuit filed in Delaware?
Federal FCRA cases from Delaware are filed in the U.S. District Court for the District of Delaware in Wilmington. The FCRA also allows filing in state court. A claim generally must be filed within two years of discovering the violation and within five years of when it happened.
How long do I have to file an FCRA lawsuit in Delaware?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the District of Delaware
- 6 Del. C. ch. 22 (Delaware Code Online)
- 6 Del. C. ch. 25J (Delaware Code Online)
- State of Delaware, New law excluding medical debt from credit reporting takes effect
- Sheppard Mullin, Delaware bans medical debt from consumer credit reports
- National Consumer Law Center, What States Can Do on Medical Debt Credit Reports (Nov. 2025)
- 19 Del. C. § 711 (Delaware Code Online)
- 11 Del. C. ch. 43, subch. VII (Delaware Code Online)
- Delaware General Assembly, Senate Substitute 2 for SB 115
- FTC, What To Know About Credit Freezes and Fraud Alerts
Updated November 2026. This page is general information, not legal advice.