This check gives general information, not legal advice, and it doesn't create an attorney-client relationship. Only an attorney who reviews your documents can tell you whether you have a case.
What an FCRA claim usually needs
- An inaccurate or incomplete report. Information that is false, belongs to someone else, is out of date, or is technically true but misleading.
- A company that fell short. A bureau or screening company that didn't follow reasonable procedures (§ 1681e(b)) or didn't reasonably reinvestigate your dispute (§ 1681i), or a lender or collector that didn't investigate after a bureau forwarded your dispute (§ 1681s-2(b)).
- Harm. A denial, a worse rate, a lost job or apartment, or emotional distress. For a willful violation, the law also allows statutory damages of $100 to $1,000 and punitive damages (§ 1681n).
- Timing. Generally within two years after you discover the violation and five years after it happened (§ 1681p).
Common questions
What do I need for an FCRA case?
Usually: a consumer report with inaccurate or incomplete information, a company that failed to follow reasonable procedures or to investigate your dispute, and harm such as a denial, a higher rate, a lost job or emotional distress. Each case depends on its facts.
Do I have to dispute before I can sue?
Not always. A claim that a bureau or background check company failed to use reasonable procedures (15 U.S.C. § 1681e(b)) does not require a dispute. A claim against a lender or collector that furnished the information (§ 1681s-2(b)) does: the duty to investigate starts only when you dispute through a credit bureau.
How long do I have to file?
Generally two years after you discover the violation and no more than five years after it happened (15 U.S.C. § 1681p).
What does it cost?
FCRA Attorneys works on contingency. No fee unless we win. The FCRA requires a company that violates it to pay the consumer's reasonable attorney's fees and costs if the consumer succeeds.