Frequently asked questions
What law lets me sue a credit reporting agency?
The Fair Credit Reporting Act (FCRA) is the primary federal law. It requires credit reporting agencies (CRAs) like Equifax, Experian, and TransUnion to investigate disputes and correct inaccurate information within 30 days. New York residents may also have claims under New York General Business Law §380, which imposes additional duties on CRAs operating in the state.
What do I need to prove to win an FCRA lawsuit?
You must show the CRA reported inaccurate information, you submitted a written dispute, the CRA failed to conduct a reasonable reinvestigation, and the failure caused you harm—such as a denied loan, higher interest rate, or lost employment opportunity. Willful violations can also trigger punitive damages and attorney fee awards under 15 U.S.C. §1681n.
How long do I have to sue a credit reporting agency in New York?
FCRA claims must be filed within two years from the date you discovered the violation, or five years from the date the violation occurred, whichever is earlier. New York’s own credit reporting statute follows a three-year limitations period under CPLR §214. Acting quickly after you identify an error protects your rights under both laws.
What damages can I recover from a credit reporting agency?
Under the FCRA, negligent violations allow recovery of actual damages (lost credit opportunities, higher rates, emotional distress) plus attorney fees. Willful violations add statutory damages of $100–$1,000 per violation and potential punitive damages. New York law may provide additional remedies; an attorney can evaluate which claims maximize your recovery.