Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What law gives me the right to sue Equifax?
Two laws protect you: the federal Fair Credit Reporting Act (FCRA, 15 U.S.C. §1681 et seq.) and New York’s own Fair Credit Reporting Act under General Business Law §380. FCRA §1681n allows you to sue for willful violations and recover actual damages, statutory damages up to $1,000, plus attorney fees. NY GBL §380 provides parallel state-law rights with a 5-year statute of limitations in New York.
What do I need to prove to win a lawsuit against Equifax?
You must show that Equifax reported inaccurate information, that you disputed the error in writing, and that Equifax failed to conduct a reasonable reinvestigation and correct or delete the inaccurate item within 30 days. Evidence includes your dispute letters, Equifax’s response, and copies of your credit reports before and after the dispute.
How long do I have to sue Equifax in New York?
Under the federal FCRA, you generally have 2 years from the date you discovered the violation or 5 years from when the violation occurred, whichever is earlier. Under New York’s GBL §380, the statute of limitations is 5 years, giving NY consumers more time than federal law alone.
Can I sue Equifax even if my damages seem small?
Yes. The FCRA provides for statutory damages of $100 to $1,000 per willful violation even without proving specific financial harm. Successful plaintiffs can also recover attorney fees, meaning a qualified FCRA attorney can often take your case without upfront cost. Actual damages — such as a denied loan, job, or apartment — can increase what you recover.