Yes, in a successful FCRA action the court can order the defendant to pay the costs of the action and reasonable attorney's fees, for both willful and negligent violations. The court decides what amount is reasonable.
The FCRA is a fee-shifting statute. Both remedy sections say that in a successful action to enforce liability, the defendant is liable for “the costs of the action together with reasonable attorney’s fees as determined by the court.”
- Willful violations: 15 U.S.C. § 1681n(a)(3).
- Negligent violations: 15 U.S.C. § 1681o(a)(2).
What this means
Fee shifting exists so consumers can enforce their rights even when the damages in a case are modest compared with the cost of litigating. The fee award is separate from, and in addition to, the damages you recover.
How fees are set
- When a court awards fees, the court, not the parties, decides what is “reasonable.”
- In federal court, Rule 54 governs the timing and procedure for a motion seeking attorney’s fees after judgment.
- In a settlement, fees are often negotiated as part of the overall agreement rather than decided by the court.
Costs
“Costs” generally means litigation expenses such as filing fees, service of process, and deposition transcripts. Federal Rule 54(d)(1) also provides that costs other than attorney’s fees should generally be allowed to the prevailing party.
The other direction
Fee shifting is not automatic for defendants. But under §§ 1681n(c) and 1681o(b), if a court finds that an unsuccessful pleading, motion, or other paper was filed in bad faith or for harassment, it must award the prevailing party reasonable fees for responding to it.
Fee shifting combined with a contingency arrangement can make it possible to pursue an FCRA claim without paying a lawyer out of pocket. A free case review can explain how fees would work, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681n(a)(3) and (c) (Cornell LII)
- 15 U.S.C. § 1681o(a)(2) and (b) (Cornell LII)
- Federal Rule of Civil Procedure 54 (Cornell LII)
Updated November 2026. This page is general information, not legal advice.