If you’ve discovered inaccurate information on your credit report and successfully disputed it, you may think the matter is closed—especially if the credit reporting agency or furnisher corrects the error. But what if the damage is already done? Can you still sue under the Fair Credit Reporting Act (FCRA) even after the error is fixed?
The short answer is: Yes, you may still have a valid FCRA claim—even if the error was corrected—if the inaccurate information caused you harm and the credit reporting agencies (CRAs) or furnishers failed to follow the procedures required by the law.
In this article, we’ll break down:
- What the FCRA requires
- When you may still have a claim after a correction
- Key court rulings that support these claims
- What damages you can recover
- Why timing and documentation matter
Understanding the Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law that governs how credit information is collected, maintained, and shared by credit reporting agencies and data furnishers like banks, lenders, and collection agencies.
Under the FCRA:
- Credit reporting agencies (CRAs) must use reasonable procedures to ensure the accuracy of credit reports (15 U.S.C. § 1681e(b)).
- If a consumer disputes an error, the CRA must conduct a reasonable investigation and correct or delete the information if the dispute is valid (15 U.S.C. § 1681i).
- Furnishers of credit information (like your bank or creditor) must investigate any disputes forwarded by the CRA and correct or delete any inaccurate data (15 U.S.C. § 1681s-2(b)).
Violations of these obligations can entitle consumers to damages—including actual damages, statutory damages, punitive damages, and attorney’s fees.
What Happens if the Credit Error Is Fixed?
Let’s say you notice a late payment that never occurred, or worse, an account that doesn’t belong to you. You dispute the entry with the credit bureau or the furnisher. Within 30 days, the inaccurate item is corrected or removed. That’s the end of it, right?
Not necessarily.
Even if the error is fixed:
- The damage may already be done—especially if you were denied a mortgage, credit card, or job based on the inaccurate report.
- The credit bureau or furnisher may have failed to follow proper procedures, which is itself a violation of the FCRA.
- You may still have suffered emotional distress or financial harm from the error, even if it no longer appears.
When Can You Still Sue Under the FCRA?
You can still have a viable FCRA claim if you meet these conditions:
Timeliness of the Correction Doesn’t Erase Liability
Courts have held that correcting an error after the harm occurs does not excuse the violation or bar you from seeking damages.
The Inaccurate Information Was a Substantial Factor in Your Harm
You must show that the erroneous information caused your credit denial, job loss, or other harm—even if the data was later corrected.
The CRA or Furnisher Failed to Use Reasonable Procedures
If the agency did not have systems in place to prevent the error in the first place—or failed to fix it until you complained—they may have violated the FCRA.
You Suffered Damages
These can include financial losses, a drop in your credit score, emotional distress, or time spent resolving the issue.
What Damages Can You Recover?
If you succeed in an FCRA claim—even after the error is corrected—you may be entitled to:
- Actual damages: Loss of a loan, missed housing opportunity, higher interest rates, or emotional distress.
- Statutory damages: Up to $1,000 for willful violations, even without proven actual damages.
- Punitive damages: In cases of willful or reckless misconduct.
- Attorney’s fees and costs: If you win, the other side may have to cover your legal fees.
Proving Your Case: What Evidence Do You Need?
To build a strong case under the FCRA, you should gather:
- A copy of the inaccurate credit report
- Proof of your dispute (letters, emails, confirmation from the CRA)
- Credit denial letters or evidence showing the impact of the error
- Communications with creditors or furnishers
- Any documentation showing damages (loan rejections, emotional toll, extra costs, etc.)
Even if the error no longer appears, this documentation can help you show that the violation occurred and had real consequences.
Don’t Wait—There Are Time Limits
The FCRA has a two-year statute of limitations from the date you discover the violation—or five years from the date the violation occurred, whichever is earlier. Don’t wait too long to speak with an attorney or you may lose your right to file a claim.
When to Speak with an FCRA Attorney
If you’ve been harmed by inaccurate information on your credit report—even if it has since been fixed—it’s worth consulting a qualified FCRA attorney. They can help determine:
- Whether the CRA or furnisher violated the law
- If your case meets the requirements for damages
- What evidence is needed to strengthen your claim
- Whether a settlement or lawsuit is the best path forward
At FCRA Attorneys, we help clients nationwide hold credit bureaus and furnishers accountable for unlawful credit reporting. If you were denied credit, housing, or employment because of a fixed credit error, you may still be entitled to compensation.
The correction of a credit report error does not erase the harm it may have caused—or the legal obligations of the credit reporting agencies and furnishers. If you’ve experienced a credit denial or other negative outcome due to inaccurate reporting, you may still have a valid FCRA claim, even if the error has been resolved.
Your rights don’t disappear just because the credit bureau “fixed” its mistake. The Fair Credit Reporting Act is designed to protect consumers like you—and sometimes, that means holding CRAs accountable after the fact.
If you believe your rights were violated under the FCRA, contact FCRA Attorneys for a free consultation. We’ll evaluate your case and help you take the next step toward justice.