What Damages Are Available under the Fair Credit Reporting Act?
Provided by HG.org
The Fair Credit Reporting Act (FCRA) is to ensure that each person has a fair reporting of his or her credit details to interested parties when they research the person in question. When the target suffers from violations of what details should provide or how the credit report affects the person negatively, he or she may receive awards through damages in the case when successful.
Through the FCRA, privacy rights are given to each individual in the United States. These rights protect the citizens in the country from misuse, misrepresentation and other uses of credit that could harm the individual person. Violations of the protections in place often lead to litigation against the company or person. Damages often include compensation for the problem, punitive damages to punish the entity or individual behind the offense, lawyer costs and other court costs for the need to pursue legal action. However, the type of remedy available usually depends on the violation and whether the harm sustained was through intentional action or negligence.
Fair Credit Reporting Act Explained
The FCRA has power and governs over consumer reporting companies, bureaus and agencies that behave in a manner that affects the credit and reporting matters of each person in the United States. The information supplied through credit actions by a person in the country is then available to these agencies through a credit report. Many individuals search through these reports for data about the person. These could include landlords for rent, employers to check reliability and creditors for loans and credit cards. Some may not provide a job or apartment if the personís credit is too low or has missed payments.
Damages under the FCRA Explained
There are multiple types of damages available when violating numerous laws, Acts and regulations. These damages are also available when the FCRA is not kept in line by credit reporting agencies or other individuals and entities. One of these is the willful violation. This could become the most devastating when the agency or person is aware of his or her actions and how they may affect the target. By willfully violating the FCRA, the person affected may recover basic damages, statutory damages, punitive damages and lawyer and court costs. These may all combine or become separate items awarded to the person harmed.
Provable damages may have no limit. However, statutory damages are usually between $100 and $1000 without any proof necessary that the violation caused harm. A flat $1000 may become an award when proven that the violator caused the harm specifically. Punitive damages are part of court awards when the judge feels that the other party needs punishment for the action taken in the situation. Lawyer fees and court costs are often provided as an incentive to ensure the other party faces litigation and the remedy occurs. The target of the incident usually needs to prove that the FCRA was at some point violated, and that the offense caused harm to the individual.
The Crimes and Consequences
If the agency reporting the credit report or score is willful instead of negligent or not attempting to cause a problem, the damages may increase significantly. It is enough to prove that the agency or institution acted in some reckless manner. The entity involved should know that something was not correct. Researching the details is crucial to preventing economic or financial difficulties of the subject. It is possible to prove negligence or willful acts, and these lead to serious fines for the agencies or partial to full compensation to the victim if he or she is able to show the damage connected to the defending party.
It is important for the individual to avoid a frivolous or inaccurate lawsuit. The person behind such situations may face consequences or penalties rather than the agency. However, when the litigation is valid, it is possible to even recover legal fees, courts costs and other expenses related to the lawsuit. Contacting a lawyer to determine if the circumstances have a connection to a possible litigation even is important. Sometimes, the issue is a glitch or out of the hands of those reporting through the FCRA.
FCRA Legal Support
When a possible civil suit is legitimate, it is critical to hire a lawyer. The legal professional may assist throughout the case to increase the chances that the judge or jury will have all the necessary details to deliberate appropriately. While chances of success are dependent on the evidence, the lawyer will protect the rights of the client.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.