WHAT ARE THE DAMAGE RANGES FOR A FCRA VIOLATION?

Get Legal Help Today

 Secured with SHA-256 Encryption

WHAT ARE THE DAMAGE RANGES FOR A FCRA VIOLATION?

I think I have an FCRA violation. I heard it was only $1000 per violation we could recover. Also, I heard there are punitive and legal fees you can ask for, but that is about it. I am about to sign a retainer agreement with this law firm, but I am afraid that $1,000 seems so low and a waste of my time. Can anyone tell me if the damages amount I was told is true and if there is any way to get more money for an FCRA violation.

Asked on June 26, 2011 under Bankruptcy Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are correct on what you heard about a Fair Credit Reporting Act (FCRA) violation. Such a violation is a violation of federal, not state law under section 616 of the act.

For a FCRA violation, the minimum amount to be awarded as special damages is $100 and the maximum amount is $1,000. The plaintiff for proving such a violation can also obtain punitive damages and reasonable attorneys fees.

One reason for the "cap" on the $1,000 violation is that proving actual damages to one's credit is typically hard to prove and expensive due to the need of having to hire expert witnesses. A statutory violation based upon the FCRA allows compensation to the plaintiff based upon proving the statute's violation.

You might discuss things with the lawyer you might hire about putting something in writing as to the net amount the law firm would end up giving you in the lawsuit if there is a settlement or a collection upon any judgment for the FCRA violation.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption