Not always. An FCRA case can settle at any stage, sometimes before or soon after a lawsuit is filed. If it goes forward, you may need to answer written questions and give a deposition, and you would testify if the case goes to trial.
Filing an FCRA claim does not necessarily mean a trial. But it helps to know when your participation may be needed.
Settlement can happen at any point
- Before filing. A demand letter or negotiation may resolve a claim without a lawsuit.
- After filing. Parties often keep talking while the case moves forward. Under Federal Rule of Civil Procedure 16, a judge can use pretrial conferences to facilitate settlement and may require parties or their representatives to be available to consider it.
- Mediation. Rule 16 also lets courts consider special procedures to help resolve a dispute, such as mediation, where a neutral person helps both sides try to reach an agreement.
In a class action, a settlement also needs court approval under Rule 23(e).
What you may need to do
- Provide documents such as reports, dispute letters, and denial letters.
- Answer written questions (interrogatories) under oath.
- Give a deposition under Rule 30, where the defendant’s lawyer asks you questions under oath, usually in an office or by video, not in a courtroom.
- Attend a mediation or settlement conference if one is scheduled.
If the case goes to trial
You would testify about what happened and how it affected you. Under Rule 38, a party can demand a jury trial on claims that carry that right, such as FCRA damages claims, by making a timely demand.
Arbitration
If an arbitration clause applies, the case may proceed before an arbitrator instead of a court, which has its own procedures.
A free case review can explain what participation your case may require, with no fee unless we win.
Related
Sources
- Federal Rule of Civil Procedure 16, pretrial conferences and settlement (Cornell LII)
- Federal Rule of Civil Procedure 30, depositions (Cornell LII)
- Federal Rule of Civil Procedure 38, right to a jury trial (Cornell LII)
- Federal Rule of Civil Procedure 23(e), approval of class settlements (Cornell LII)
Updated November 2026. This page is general information, not legal advice.