Not necessarily up front. Many FCRA lawyers work on contingency, and the FCRA lets a court order the losing company to pay reasonable attorney's fees and costs in a successful case. Your written fee agreement controls what, if anything, you pay.
Two features make FCRA cases more accessible than many other lawsuits.
1. Fee shifting in the statute
Both FCRA remedy sections provide that in a successful action, the defendant is liable for the costs of the action and reasonable attorney’s fees as determined by the court (15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2)). That means the company that violated the law can be ordered to pay your lawyer’s reasonable fees, separate from your damages.
2. Contingency fee arrangements
On a contingency basis, the lawyer is paid only if there is a recovery, through a settlement or judgment, rather than billing you by the hour. If there is no recovery, you owe no attorney’s fee.
Read the fee agreement
Contingency agreements differ. Before signing, look for:
- How the fee is calculated, for example a percentage of the recovery, the court-awarded fee, or a combination.
- Who pays case costs such as filing fees and deposition transcripts, and whether costs come out before or after the fee is calculated.
- What happens if you end the relationship or the case settles early.
Ask questions about anything that is unclear. A fee agreement should be in writing.
Can you go without a lawyer?
You have the right to represent yourself in federal court. But FCRA cases involve federal procedure, discovery, and motion practice against well-funded defendants, and fee shifting means hiring a lawyer may not cost you out of pocket.
We offer a free case review, and there is no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681n(a)(3) (Cornell LII)
- 15 U.S.C. § 1681o(a)(2) (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.