It depends on your harm. A class action groups many people with the same claim, often for statutory damages. An individual case can seek your own actual damages, including emotional distress. If a class is certified, you can usually opt out to keep your own claim.
Both options exist under the FCRA, and they serve different purposes.
Class actions
Under Federal Rule of Civil Procedure 23, one or more representatives can sue for a group if the class is so numerous that joining everyone is impracticable, there are common questions, the representatives’ claims are typical, and they will adequately protect the class. For a damages class under Rule 23(b)(3), common questions must predominate and a class action must be superior to other methods.
FCRA class actions often involve a company-wide practice and seek statutory damages of $100 to $1,000 per person for willful violations, because those do not require each person to prove individual losses. After TransUnion v. Ramirez (2021), however, every class member must have standing, meaning a concrete injury, to recover damages.
Individual lawsuits
An individual case focuses on what happened to you. It can seek actual damages, including financial losses and emotional distress, along with punitive damages and fees where available. Individual cases may make more sense when your harm is significant and specific, such as a lost mortgage, job, or apartment.
Opting out
For a Rule 23(b)(3) class, the court must give class members notice that includes the right to request exclusion. If you do nothing, you are generally bound by the class judgment or settlement, whether favorable or not. If you opt out by the deadline, you keep the right to bring your own claim, subject to the statute of limitations.
Arbitration
Some arbitration agreements include class action waivers, which courts often enforce after AT&T Mobility v. Concepcion (2011).
If you received a class notice, a free case review can help you weigh staying in or opting out, with no fee unless we win.
Related
- Credit report lawsuits
- How an FCRA Lawsuit Works: From Case Review to Resolution
- What Is the FCRA? The Fair Credit Reporting Act in Plain English
Sources
- Federal Rule of Civil Procedure 23, class actions (Cornell LII)
- TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) (Cornell LII)
- 15 U.S.C. § 1681n (Cornell LII)
- AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) (Cornell LII)
Updated November 2026. This page is general information, not legal advice.