Yes. The FCRA allows suits in any court of competent jurisdiction, not only federal court. But the defendant can often remove the case to federal court, and some state-law claims about credit reporting are preempted by the FCRA.
Section 1681p of the FCRA allows an action in a federal district court “or in any other court of competent jurisdiction.” State courts therefore have concurrent jurisdiction over FCRA claims, and the CFPB’s summary of rights tells consumers they may be able to sue in state or federal court.
Removal to federal court
A defendant sued in state court on a claim arising under federal law can generally remove the case to the federal district court for that area under 28 U.S.C. § 1441. FCRA claims arise under federal law, so even a case filed in state court may be moved to federal court if the defendant chooses.
State-law claims alongside the FCRA
Consumers sometimes want to add state-law claims, such as defamation or a state credit reporting statute. Two FCRA provisions limit that:
- § 1681h(e) bars defamation, invasion of privacy, and negligence claims based on information disclosed under certain FCRA sections, except for false information furnished with malice or willful intent to injure.
- § 1681t(b) preempts state laws on specific subjects, including the duties of furnishers under § 1681s-2.
Some state consumer reporting laws still apply where they are not preempted, and the CFPB notes that in some cases you may have more rights under state law.
Choosing a court
Because a defendant can often remove an FCRA case anyway, many plaintiffs file in federal court from the start. State court remains an option, and the right choice depends on the claims, the defendants, and the facts.
Same deadlines
The FCRA’s limitations period in § 1681p applies wherever you file: the earlier of 2 years from discovery or 5 years from the violation.
A free case review can help weigh where to file, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681p (Cornell LII)
- 28 U.S.C. § 1441, removal of civil actions (Cornell LII)
- 15 U.S.C. § 1681t, relation to state laws (Cornell LII)
- 15 U.S.C. § 1681h(e), limitation of liability (Cornell LII)
- CFPB, A Summary of Your Rights Under the Fair Credit Reporting Act
Updated November 2026. This page is general information, not legal advice.