Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What damages can I recover suing Equifax under federal law?
The federal Fair Credit Reporting Act (FCRA, 15 U.S.C. §1681) allows you to recover actual damages (lost wages, denied credit, emotional distress), statutory damages between $100 and $1,000 per willful violation, punitive damages for egregious conduct, and your attorney’s fees and court costs. You do not need to prove a specific dollar loss to claim statutory damages.
Does New York law give me additional rights against Equifax?
Yes. New York’s Fair Credit Reporting Act (General Business Law §380 et seq.) runs parallel to the federal FCRA and provides its own private right of action against consumer reporting agencies. NY GBL §380 requires credit bureaus like Equifax to follow reasonable procedures to ensure accuracy and to promptly reinvestigate disputed information. A successful claim under either FCRA §1681 or GBL §380 entitles you to damages, fees, and costs.
How long do I have to sue Equifax in New York?
The federal FCRA gives you two years from the date you discovered the violation (or five years from the date the violation occurred, whichever is earlier) to file suit. Importantly, New York’s GBL §380 carries a five-year statute of limitations for state-law credit reporting claims, giving New York consumers more time than federal law alone. An attorney can help you identify which deadline applies to your situation.
What do I need to prove to get punitive damages from Equifax?
To recover punitive damages under the FCRA, you must show that Equifax acted willfully — meaning it knowingly or recklessly disregarded your rights under the statute. Courts have found willfulness where a credit bureau ignored repeated disputes, had a systemic policy of non-compliance, or failed to conduct a meaningful reinvestigation. Punitive damages in FCRA cases are not capped by statute, but courts award them only in cases of serious misconduct.