You generally do not pay the company's attorney's fees just for losing. But a court can award certain costs to the winning side, and the FCRA requires fee awards against a party that filed papers in bad faith or to harass. Your fee agreement controls what you owe your own lawyer.
Losing a case is a real possibility in any lawsuit, so it helps to understand the consequences before you file.
The company’s attorney’s fees
The FCRA’s fee-shifting provisions favor a successful consumer. They do not make a consumer pay the company’s lawyers simply because the consumer lost. The exception is in §§ 1681n(c) and 1681o(b): if the court finds that an unsuccessful pleading, motion, or other paper was filed in bad faith or for purposes of harassment, it must award the prevailing party reasonable attorney’s fees for the work spent responding to it.
Court costs
Under Federal Rule of Civil Procedure 54(d)(1), costs other than attorney’s fees should generally be allowed to the prevailing party unless a statute, rule, or court order provides otherwise. Taxable costs can include items such as filing fees, transcripts, and copying. A court has discretion over a cost award.
Your own lawyer
Under a contingency fee agreement, if there is no recovery, you owe no attorney’s fee. Your agreement should also say who is responsible for case expenses if the case is lost, so read that part carefully before signing.
Appeal
A losing party can generally appeal a final judgment in federal court. In most civil cases between private parties, Federal Rule of Appellate Procedure 4(a)(1)(A) requires the notice of appeal to be filed within 30 days after the judgment is entered.
Effect on future claims
A final judgment generally prevents you from suing the same defendant again over the same claim.
A free case review can help you weigh the risks before filing, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681n(c) (Cornell LII)
- 15 U.S.C. § 1681o(b) (Cornell LII)
- Federal Rule of Civil Procedure 54(d), costs and fees (Cornell LII)
- Federal Rule of Appellate Procedure 4, time to appeal (Cornell LII)
Updated November 2026. This page is general information, not legal advice.