One of the most common questions consumers ask is:
“How much can I get if they violated the FCRA?”
The honest answer:
It depends.
Here’s what determines value.
1. Type of Violation
Not all violations carry the same weight.
Stronger cases often involve:
- Clear factual inaccuracies
- Repeated disputes ignored
- Obvious investigation failures
- Identity theft issues mishandled
- Reporting after bankruptcy discharge
Minor or technical errors may have lower value.
2. Actual Damages
Actual damages may include:
- Denied mortgage
- Lost refinance opportunity
- Higher interest rates
- Lost job opportunity
- Emotional distress
- Out-of-pocket losses
The stronger the documented harm, the stronger the case.
3. Willful vs. Negligent Violations
Under the FCRA:
Negligent violations
- Allow recovery of actual damages.
Willful violations
- Allow statutory damages (typically $100–$1,000 per violation).
- May allow punitive damages.
- Include attorney’s fees.
Willful violations significantly increase potential value.
4. Duration of Inaccuracy
Cases where inaccurate information:
- Remained for years,
- Continued after multiple disputes,
- Caused repeated credit denials,
often carry more weight.
5. Credit Impact Severity
Courts and juries often consider:
- Was this a minor reporting issue?
- Or did it materially harm the consumer’s financial life?
Context matters.
6. Settlement vs. Trial
Most FCRA cases resolve through settlement.
Settlement value depends on:
- Evidence strength
- Documentation quality
- Damages proof
- Defendant’s risk exposure
Every case is fact-specific.
Important Reality Check
Not every credit reporting error turns into a large recovery.
Many cases require:
- Clear inaccuracy
- Proper dispute
- Failure to reasonably investigate
- Demonstrable harm
The strongest cases combine all four.
The Bigger Picture
Credit reporting impacts:
- Home ownership
- Business financing
- Employment
- Insurance rates
Because of that impact, the law provides remedies when reporting is inaccurate and investigations are inadequate.
The key to value is documentation, precision, and proper dispute strategy.
