Damages Available for FCRA Violations

by DeLadurantey Law Office, LLC on January 29, 2015

FCRA RemediesIf you believe that a credit reporting bureau or creditor that furnished your credit information has violated the Fair Credit Reporting Act (FCRA), you may be entitled to recover several different types of damages.

Willful Violations

A willful violation of FCRA requires more than proving the party knew that it was violating your rights. You must also show that the party acted recklessly. If you can prove that the credit reporting agency, the party providing the credit information, or the entity using the information willfully violated its duties under the FCRA, you can seek to recover your actual damages (based on provable harm to you) or the statutory damages allowed without proving that the violation caused you any harm. You can also seek to recover your attorney’s fees and costs.

If the violation was caused by an individual who lied to obtain your credit report, or used it for an unlawful purpose, then you can seek to recover your actual damages or $1,000, whichever is greater.

Depending on the circumstances, you may also be entitled to punitive damages. This type of monetary award is used to punish the wrongdoer and to provide incentive for the party and other similarly-situated parties to cease such conduct.

Negligent Violations

If you can prove that the credit reporting bureau or other party was negligent in protecting your rights under FCRA, you may be entitled to recover your actual damages and your attorney’s fees and costs. It is important to note that you must suffer actual, provable damages to file a lawsuit for negligent violations of FCRA.

DeLadurantey Law Office focuses on FCRA lawsuits, student loan debt, Chapter 7 and 13 bankruptcy, debtor’s rights, debt negotiations, debt relief, mortgage loan modifications, and foreclosure defense. A “defender of the little guy, DeLadurantey Law Office serves the following location – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County. We can be contacted by phone: (414) 377-0518 and can be found on the Internet and on Facebook.

 

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