Fair Credit Reporting Act (2024)

Law

15 U.S.C. §§ 1681-1681x

Files

The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority.

Fair Credit Reporting Act (2024)

FAQs

What problem was the Fair Credit Reporting Act trying to help solve? ›

It was passed in 1970 to address the fairness, accuracy, and privacy of the personal information contained in the files of the credit reporting agencies (CRAs).

What happens if you break the Fair Credit Reporting Act? ›

If any person intentionally fails to comply with the requirements of the FCRA, they can be held liable to the affected consumer. The damages may include actual losses incurred by the consumer, punitive damages determined by the court, and the costs and reasonable attorney's fees for successful legal actions.

Can you sue a company for putting false information on your credit report? ›

If a credit bureau, creditor, or someone else violates the Fair Credit Reporting Act, you can sue. Under the Fair Credit Reporting Act (FCRA), you have a right to the fair and accurate reporting of your credit information.

How is Fair Credit Reporting Act violated? ›

Common violations of the FCRA include:

Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person's information with another's because of similar (or same) name or social security number. Agencies fail to follow guidelines for handling disputes.

What problem was the Fair Credit Billing Act trying to solve? ›

What Is the Fair Credit Billing Act? The Fair Credit Billing Act is a 1974 federal law enacted to protect consumers from unfair credit billing practices. It enables individuals to dispute unauthorized charges on their accounts and those for undelivered goods or services.

What is the Unfair credit reporting Act? ›

The FCRA provides consumers with the ability to correct any inaccurate information on their credit reports, and provides for legal remedies if a credit reporting agency or furnisher violates your rights.

How to respond to a Fair Credit Reporting Act violation? ›

What to Do If You Need Legal Help. If any of these three types of entities (credit bureau, creditor, or information user) violated your rights under the FCRA, you might be able to sue them in state or federal court for damages. To learn more about your rights and remedies, talk to a lawyer.

How much can I sue for a FCRA violation? ›

Statutory Damages

If a credit bureau's violations of the Fair Credit Reporting Act are deemed “willful” (knowing or reckless) by a Court, consumers can recover damages ranging from $100 – $1,000 for each violation of the FCRA.

What companies broke the Fair Credit Reporting Act? ›

FCRA lawsuit involves multiple violations of the Fair Credit Reporting Act by Arrow Financial, HSBC, Experian, Equifax and Trans Union regarding the attempted collection from the client of another person's debt.

How much compensation for inaccurate credit reporting? ›

The FCRA also allows for statutory damages of between $100 and $1,000 for willful violations. These damages are often pursued in class action FCRA claims.

What if this creditor has violated my rights in accordance with the Fair Credit Reporting Act? ›

You may seek damages from violators.

If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.

What happens if you lie on your credit report? ›

You Could End Up in Prison

Chances are that your loan also will be canceled if you're convicted of fraud, and you'll be required to repay it immediately—as well as facing financial penalties and court costs that the judge orders you to pay.

What is the maximum penalty for the Fair Credit Reporting Act? ›

Sec.

Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $ 5,000 or imprisoned not more than one year, or both.

What is the new FCRA law passed in 2024? ›

Fair Credit Reporting Act File Disclosure: The maximum charge to a consumer under the FCRA for file disclosure increases effective January 1, 2024, to $15.50 from $14.50.

What is the 30 day rule for the Fair Credit Reporting Act? ›

Inaccurate, incomplete, or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.

What was the purpose of the Fair Credit Reporting Act? ›

The Fair Credit Reporting Act (FCRA) , 15 U.S.C. § 1681 et seq., governs access to consumer credit report records and promotes accuracy, fairness, and the privacy of personal information assembled by Credit Reporting Agencies (CRAs).

What is the purpose of Fair Credit Reporting Act quizlet? ›

The Act is intended to promote accuracy, fairness, and privacy of information used by consumer reporting agencies. The Act gives consumers a number of important rights to obtain information about and dispute inaccuracies in their credit files.

What was the FCRA designed to do? ›

The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA).

What is the purpose of the Fair and Accurate credit transaction Act? ›

The Fair and Accurate Credit Transactions Act (FACTA), also known as the FACT Act, is a federal law enacted by the U.S. Congress in 2003 to amend the Fair Credit Reporting Act passed in 1970. Its purpose was to enhance consumer protections, particularly with regard to identity theft.

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