If you find yourself in a situation where the Fair Credit Reporting Act (FCRA) was violated, an FCRA lawsuit attorney can help you bring suit against the parties responsible. These individuals may be a credit reporting agency, a company that furnishes information to a CRA, or even a financial institution that has been involved in a data breach. They can help you gather evidence and build a strong case for your claim. They can also help you recover any damages you are entitled to receive.
When a credit bureau or furnisher violates the FCRA, they must pay your attorneys fees and costs. This is a key provision in the FCRA that was included to ensure consumers who fight for their rights under this law are not left with nothing when they win their cases. These attorneys can often take on FCRA claims on a contingency basis, meaning that you don’t need to come up with the money upfront to pay for a lawyer to represent you.
If you can prove actual harm resulting from the violation of your rights under the FCRA, then you can be awarded substantial compensation. These damages include compensatory damages, statutory damages and punitive damages. Actual damages can be monetary losses, like a lost job due to a inaccurate background check or having your mortgage loan rejected because of erroneous bankruptcy information. They can also be non-monetary losses, such as emotional distress or stress.
While it is tempting to turn any alleged FCRA violation into a class action lawsuit, this is not always the best option for consumers. Courts are increasingly willing to hold that a class action is not superior to an individual action when it comes to FCRA cases, especially given the many provisions in the statute that incentivize individual actions.
In addition, multiple federal circuits have already ruled that the FCRA’s requirements for an individual action to be valid are far more stringent than those required for a class action. This provides defendants with a solid legal argument against any attempt to turn an individual action into a class action.
Whether you are looking to file an individual or a class action, the first step is to review the FCRA’s dispute procedures. It is important that you follow these procedures to the letter, and submit your package via certified mail to preserve your ability to sue for violations of the FCRA. Once you have reviewed the procedures, you can begin gathering your evidence and building a strong case for your claim. If you can prove either negligent or willful violations of the FCRA, you are entitled to significant damages and attorney’s fees. An experienced attorney can guide you through the process.