You must sue by the earlier of two dates: 2 years after you discovered the violation, or 5 years after the violation occurred (15 U.S.C. § 1681p). Missing the deadline can bar the claim entirely.
The FCRA’s limitations period is in 15 U.S.C. § 1681p. An action to enforce liability under the Act must be brought no later than the earlier of:
- 2 years after the date the plaintiff discovered the violation that is the basis for the claim, or
- 5 years after the date the violation occurred.
How the two clocks work together
- The 2-year period starts when you discover the violation. If you learn of an error the day it happens, you generally have two years from then.
- The 5-year period is an outer limit that runs from the violation itself. Even if you do not discover a violation for years, you cannot sue more than five years after it occurred.
- Whichever deadline comes first controls.
Each violation can have its own date
An FCRA case often involves several events: a bureau reports inaccurate information, you dispute it, the bureau or furnisher investigates, and the report is sent to a lender. Each can be a separate potential violation with its own timing. Which events fall inside the limitations window can be an important question in a case, and courts look closely at the facts.
Practical tips
- Do not wait. Evidence fades and deadlines can pass sooner than expected.
- Keep dated copies of your reports, dispute letters, results, and any denial or adverse action letters. These help establish when violations occurred and when you learned of them.
- The same deadlines apply whether you sue in federal or state court.
If you think your rights were violated, a free case review can help you understand which deadlines may apply, with no fee unless we win.
Related
- How an FCRA Lawsuit Works: From Case Review to Resolution
- Credit report lawsuits
- What Is the FCRA? The Fair Credit Reporting Act in Plain English
Sources
- 15 U.S.C. § 1681p, jurisdiction of courts; limitation of actions (Cornell LII)
- 15 U.S.C. § 1681n (Cornell LII)
- 15 U.S.C. § 1681o (Cornell LII)
Updated November 2026. This page is general information, not legal advice.