FCRA Claims: When Credit Reporting Breaks the Law

The Fair Credit Reporting Act (FCRA) gives you the right to accurate credit reporting and to a real investigation when you dispute an error. When credit reporting agencies (CRAs) or the companies that furnish information ignore those duties, you may be entitled to damages. MetaCredit helps consumers build and pursue FCRA claims, including through consumer arbitration.

Common FCRA violations

• A CRA fails to follow reasonable procedures to ensure maximum possible accuracy (15 U.S.C. §1681e(b))
• A CRA fails to conduct a reasonable reinvestigation of your dispute (§1681i)
• A furnisher fails to investigate a dispute forwarded by the CRA (§1681s-2(b))
• Reinserting deleted information without proper notice
• Reporting outdated information beyond the allowed reporting period
• Mixed files: another person's accounts on your report

What you may be able to recover

For willful violations, the FCRA allows actual damages or statutory damages of $100 to $1,000, plus possible punitive damages and attorney's fees and costs (§1681n). For negligent violations, you may recover actual damages and costs (§1681o). Every case depends on its facts.

How we build an FCRA claim

1. Audit your reports and your dispute history.
2. Send properly documented disputes so there is a clear record.
3. Track every response and deadline.
4. Organize the evidence of each violation and its impact on you (denials, higher rates, stress).
5. Help you pursue the claim, including through AAA consumer arbitration where your agreement allows it.

Time limits

FCRA claims generally must be brought within 2 years of discovering the violation and no more than 5 years after it happened (§1681p). Don't wait.

Frequently asked questions

Do I have to dispute first?

For claims against a furnisher under §1681s-2(b), the dispute generally has to go through a CRA first. A documented dispute history makes any claim much stronger.

What counts as damages?

Damages can include credit denials, higher interest rates, out-of-pocket costs and emotional distress, depending on the facts and the court.

What is consumer arbitration?

Many credit and account agreements require disputes to go to arbitration, such as through the American Arbitration Association (AAA), instead of court.

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Educational only. Not legal advice. James Wilhite is not an attorney at law. MetaCredit is not a law firm and does not provide legal representation. Results depend on the facts of each case and are not guaranteed.