Your Rights Under the FCRA

The accuracy standard — 15 U.S.C. § 1681e(b)

The CRA must "follow reasonable procedures to assure maximum possible accuracy" of the information about you. This is the foundation of every FCRA accuracy case. "Maximum possible accuracy" means more than just matching data fields — the CRA must have procedures designed to produce a report that is correct, not just defensible.

The identity-theft block — § 605B / 15 U.S.C. § 1681c-2

Within four business days of receiving (i) appropriate proof of your identity, (ii) a copy of an identity-theft report, and (iii) a list of the items the consumer says are the result of identity theft, the CRA must block reporting of those items. The blocked items cannot be sold, transferred, or placed for collection. The CRA must also notify each furnisher of the block.

The free-records right — § 609(e) / 15 U.S.C. § 1681g(e)

If you tell a business in writing that an account opened with them was the result of identity theft and you provide proof of your identity, the business must give you free copies of the application and any business-transaction records (statements, receipts, signatures) related to the account — within 30 days. You do not need a subpoena. This is one of the most underused tools in the FCRA.

Reinvestigation by the CRA — § 611 / 15 U.S.C. § 1681i

When you dispute an item with a CRA, the CRA must conduct a reinvestigation within 30 days(or 45 if you submit additional information mid-window). It must consider all relevant information you submit. It must forward all relevant information to the furnisher. It must delete or modify any item that cannot be verified.

Furnisher reinvestigation — § 623(b) / 15 U.S.C. § 1681s-2(b)

Once a CRA forwards your dispute to a furnisher, the furnisher must:

• •Conduct its own reasonable investigation;
• •Review all relevant information provided by the CRA;
• •Report the results back to the CRA within the § 611 deadline; and
• •If the investigation finds the information inaccurate, modify, delete, or block the information at every CRA.

Section 1681s-2(b) is the consumer's private cause of action against a furnisher. You can't sue a furnisher just because the data was wrong — you sue them because, after being notified through a CRA dispute, they failed to reasonably investigate and correct it.

Willful noncompliance — § 616 / 15 U.S.C. § 1681n

For willful violations of the FCRA, you may recover:

• •Actual damages (including emotional distress, lost employment opportunities, missed credit, higher rates, time spent disputing, and humiliation),
• •OR statutory damages of $100 to $1,000 per violation,
• •Punitive damages in the court's discretion, and
• •Reasonable attorney's fees and costs.

The Supreme Court has held that "willful" under the FCRA includes reckless disregard of the statute (Safeco Insurance Co. of America v. Burr, 551 U.S. 47 (2007)) — a far lower bar than intentional wrongdoing.

Negligent noncompliance — § 617 / 15 U.S.C. § 1681o

For negligent violations, you may recover actual damages and reasonable attorney's fees and costs. No statutory or punitive damages.

Statute of limitations — § 618 / 15 U.S.C. § 1681p

The earlier of (i) two years from the date the consumer discovers the violation, or (ii) five years from the date the violation occurred. Don't let the clock run while the bureaus stall.