Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue TransUnion for reporting false information on my credit report?
Yes. Under the federal Fair Credit Reporting Act (FCRA, 15 U.S.C. §1681 et seq.) and New York’s own Fair Credit Reporting Act (General Business Law §380), you have the right to dispute inaccurate information and to sue TransUnion if it fails to investigate and correct errors. New York law adds a layer of protection beyond the federal statute, including a 5-year statute of limitations for state claims.
What steps must I take before suing TransUnion in New York?
Before filing suit, you must dispute the inaccurate information in writing directly with TransUnion. Under FCRA §1681i, TransUnion has 30 days to investigate and respond. If TransUnion fails to correct a verified error or does not conduct a reasonable investigation, your right to sue is triggered. Keeping copies of your dispute letters and TransUnion’s responses is critical evidence for your claim.
What damages can I recover under the FCRA and NY GBL §380?
If TransUnion willfully violated the FCRA, you may recover statutory damages of 00–,000 per violation plus punitive damages and attorney’s fees without having to prove specific harm. For negligent violations, you can recover actual damages — such as denied loans, higher interest rates, or lost job opportunities. New York GBL §380 allows state claims with a 5-year limitations period, potentially giving New York consumers more time to act than the FCRA’s 2-year federal window.
How long do I have to sue TransUnion in New York?
Federal FCRA claims must generally be filed within 2 years of the date you discovered the violation, or 5 years from the date of the violation, whichever is earlier. New York’s own Fair Credit Reporting Act under GBL §380 provides a 5-year statute of limitations for state claims, which can be more favorable for New York consumers. An attorney can help you determine which deadline applies to your specific situation.