Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue Equifax in New York for a wrong credit report?
Yes. Under the federal Fair Credit Reporting Act (FCRA, 15 U.S.C. §1681) and New York’s own Fair Credit Reporting Act (GBL §380), you have the right to accurate credit information. If Equifax fails to correct verified errors after a dispute, you may sue for actual damages, statutory damages, and attorney’s fees. New York’s GBL §380 adds an additional layer of state-law protection beyond the federal statute.
How long do I have to sue Equifax in NY?
For federal FCRA claims, you generally have two years from the date you discover the violation, or five years from the date of the violation itself — whichever is earlier. New York’s own credit reporting law (GBL §380) carries a separate five-year statute of limitations for state claims. Acting promptly matters because evidence of the error and Equifax’s response to your dispute is critical to your case.
What damages can I recover suing Equifax?
Under the FCRA, successful plaintiffs can recover actual damages (lost credit opportunities, higher interest rates, emotional distress), statutory damages of $100–$1,000 per willful violation, plus punitive damages and attorney’s fees. NY GBL §380 independently allows recovery of actual damages and attorney’s fees for negligent violations by consumer reporting agencies operating in New York.
Do I need a lawyer to sue Equifax, or can I do it myself?
You can file a pro se FCRA complaint in federal court, but these cases are procedurally and factually complex — Equifax’s legal teams are experienced at defending them. An FCRA attorney works on contingency in most cases (no upfront fee), and fee-shifting under §1681o means Equifax may be required to pay your legal fees if you win.