Statutory damages are an amount between $100 and $1,000 that a court can award for a willful FCRA violation instead of proven actual damages. They are not available for negligent violations.
Under 15 U.S.C. § 1681n(a)(1)(A), a person who willfully fails to comply with the FCRA is liable for the consumer’s actual damages or for damages of not less than $100 and not more than $1,000. The second option is what lawyers call statutory damages.
Why they matter
Statutory damages let a consumer recover without putting a dollar figure on a specific loss. That can be important where a violation is real but the money harm is hard to measure.
Key limits
- Willfulness is required. Section 1681o, which covers negligent violations, provides only actual damages, costs, and fees. Willful includes reckless disregard of the law under Safeco v. Burr (2007).
- It is actual or statutory. The statute frames these as alternatives, so the consumer recovers one or the other, not both.
- A concrete injury is still needed. Statutory damages do not remove the constitutional requirement of standing. In TransUnion v. Ramirez (2021), the Supreme Court held that every plaintiff seeking damages in federal court must show a concrete harm, such as an inaccurate report actually disclosed to a third party.
Special rule for false pretenses
If a natural person obtains a consumer report under false pretenses or knowingly without a permissible purpose, § 1681n(a)(1)(B) sets damages at actual damages or $1,000, whichever is greater.
What else can be added
In a successful willful case, the court may also award punitive damages, plus the costs of the action and reasonable attorney’s fees. A free case review can help you understand whether a willful-violation claim may fit your facts, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681n(a)(1) (Cornell LII)
- 15 U.S.C. § 1681o (Cornell LII)
- Safeco Ins. Co. of America v. Burr, 551 U.S. 47 (2007) (Cornell LII)
- TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) (Cornell LII)
Updated November 2026. This page is general information, not legal advice.