The Fair Credit Reporting Act (FCRA) is the federal law that governs credit reports. It gives you the right to see what’s in your credit file, get free reports, dispute inaccurate information, have unverifiable information removed, limit who can access your report, and place free credit freezes. It also sets time limits on how long most negative information can be reported, and it lets you sue companies that violate the law. The FCRA applies to the credit bureaus, to the companies that report information about you, and to the businesses that use your reports.
Most people only encounter the FCRA indirectly — when they dispute an error or get denied for credit. But knowing your rights makes those moments much easier to handle. This guide explains the FCRA in plain English, with practical steps for using it.
The FCRA gives you real, enforceable rights over your credit reports.
Key takeaways
- The FCRA covers credit bureaus, specialty reporting companies, furnishers, and users of reports.
- You’re entitled to free credit reports and to know what’s in your file.
- Bureaus must investigate disputes, generally within 30 days, and delete information that can’t be verified.
- Most negative information can be reported for seven years; bankruptcies for up to ten.
- Credit freezes are free, and identity theft victims can have fraudulent information blocked.
- You can sue for FCRA violations and recover damages and attorney’s fees.
What the FCRA Is and Why It Exists
Congress passed the Fair Credit Reporting Act in 1970 to promote accuracy, fairness, and privacy in consumer reporting. It has been amended several times, including by the Fair and Accurate Credit Transactions Act of 2003, which added free annual reports and identity theft protections, and by a 2018 law that made credit freezes free nationwide.
Today, the FCRA is enforced by the Consumer Financial Protection Bureau and the Federal Trade Commission, along with state attorneys general. Consumers can also enforce it themselves through lawsuits.
Who the FCRA Covers
Three groups have duties under the FCRA.
Consumer reporting agencies
These include the three nationwide credit bureaus — Equifax, Experian, and TransUnion — and specialty consumer reporting agencies such as tenant screening companies, check and bank account reporting companies like ChexSystems, employment screening companies, and insurance claims databases.
Furnishers
Furnishers are companies that send information about you to consumer reporting agencies: banks, card issuers, auto lenders, mortgage servicers, student loan servicers, and debt collectors.
Users
Users are the businesses that obtain and use your reports: lenders, landlords, insurers, employers, and others making decisions about you.
Your Core FCRA Rights
Seven core rights every consumer has under the FCRA.
The right to know what’s in your file
You can request the information a consumer reporting agency has about you, and learn who has requested your report recently.
The right to free reports
You’re entitled to free credit reports from each nationwide credit bureau. In practice, the bureaus now offer free weekly reports at AnnualCreditReport.com. You’re also entitled to a free report:
- Within 60 days after a business takes adverse action against you based on a report, such as denying credit, insurance, housing, or employment
- If you’re unemployed and plan to look for work within 60 days
- If you receive public assistance
- If your file contains inaccurate information because of fraud, including identity theft
Nationwide specialty consumer reporting agencies must also provide a free report once every 12 months on request.
The right to be told when a report is used against you
If a business takes adverse action based on your report, it must give you an adverse action notice that includes the name and contact information of the reporting agency, a statement that the agency didn’t make the decision, and information about your rights to a free report and to dispute. If a credit score was used, the notice must include the score and key factors that affected it.
The right to dispute inaccurate information
You can dispute information you believe is inaccurate or incomplete. We explain the process in detail below.
The right to have outdated information removed
Most negative information can’t be reported after seven years, and bankruptcies after ten years, with limited exceptions.
The right to limit access
A consumer reporting agency can provide your report only to someone with a permissible purpose, such as evaluating a credit application you made, reviewing an existing account, or considering you for insurance. Employers need your written permission before getting your report.
The right to freeze your credit
You can place a security freeze at each nationwide credit bureau for free. A freeze blocks most new creditors from accessing your report, which makes it much harder for someone to open accounts in your name. You can lift or remove it at any time.
The right to place fraud alerts
A fraud alert tells lenders to take extra steps to verify your identity. An initial fraud alert lasts one year. An extended fraud alert, available to identity theft victims, lasts seven years. Active duty alerts are available to service members. Placing a fraud alert with one bureau means it will notify the other two.
The right to block identity theft information
If information on your report resulted from identity theft, you can ask the bureaus to block it. With an identity theft report — which you can create at IdentityTheft.gov — the bureaus generally must block the information within four business days of receiving your request.
The right to opt out of prescreened offers
You can opt out of prescreened credit and insurance offers based on your credit report — for five years online, or permanently by mail — at optoutprescreen.com.
The right to seek damages
If a consumer reporting agency, furnisher, or user violates the FCRA, you can sue in state or federal court.
How an FCRA Dispute Works
The FCRA dispute process from start to finish.
Disputing with a credit bureau
- You file a dispute online, by mail, or by phone. Explain what’s wrong and include copies of your supporting documents.
- The bureau notifies the furnisher, generally within five business days, and forwards the relevant information you provided.
- The bureau investigates. It generally must complete its reinvestigation within 30 days. The period can extend to 45 days if you send additional relevant information during the investigation, or if the dispute follows a free annual report.
- The bureau sends you the results within five business days after finishing, along with a free copy of your report if anything changed.
- Unverifiable or inaccurate information must be corrected or deleted.
If deleted information comes back
If a bureau deletes information and later reinserts it, the furnisher must certify that it’s complete and accurate, and the bureau must notify you in writing within five business days of the reinsertion.
Frivolous disputes
A bureau can decline to investigate a dispute it reasonably determines is frivolous or irrelevant, such as one that doesn’t provide enough information to investigate. It must notify you and explain why, generally within five business days. Specific, documented disputes avoid this problem.
Disputing directly with the furnisher
You can also dispute certain information directly with the company that reported it. Furnishers must investigate direct disputes in many circumstances, review the information you provide, and report the results to you. If the information was inaccurate, they must correct it with every bureau they reported to.
If you still disagree
You can add a brief statement of dispute to your file explaining your side. You can also file a complaint with the Consumer Financial Protection Bureau or talk to a consumer attorney.
FCRA Time Limits on Negative Information
Under the FCRA:
- Most negative information, such as late payments, can be reported for seven years
- Collections and charge-offs can be reported for seven years plus 180 days from the date of first delinquency
- Bankruptcies can be reported for up to ten years
- Criminal convictions aren’t subject to the seven-year limit, though the major credit bureaus don’t include them on credit reports
These limits don’t apply to reports used for credit or life insurance of $150,000 or more, or for jobs paying $75,000 or more a year.
The FCRA also requires furnishers to report the accurate date of first delinquency. Moving that date later — known as re-aging — violates the law.
Duties of Furnishers
Companies that report information about you must:
- Not report information they know or have reasonable cause to believe is inaccurate
- Correct and update information they’ve reported when they learn it’s inaccurate
- Note when you’ve disputed information with them
- Report the date of first delinquency for accounts placed in collection or charged off
- Investigate disputes forwarded by a bureau and report the results
- Tell you if they’re reporting negative information about you for the first time, in certain circumstances
Duties of Users of Credit Reports
Businesses that use your reports must:
- Have a permissible purpose before obtaining your report
- Give you an adverse action notice when they take negative action based on it
- Get your written permission before obtaining a report for employment purposes, and give you a copy of the report and a summary of your rights before taking adverse action
- Provide risk-based pricing notices in many cases when they offer you less favorable terms based on your credit
Enforcing Your FCRA Rights
Damages you can recover
- Negligent violations: your actual damages, plus attorney’s fees and court costs
- Willful violations: actual damages or statutory damages of $100 to $1,000, possible punitive damages, plus attorney’s fees and court costs
Willful violations can bring statutory and punitive damages.
Because the FCRA lets consumers recover attorney’s fees, many consumer attorneys take FCRA cases on contingency.
Deadlines to sue
You generally must file an FCRA lawsuit within two years after you discover the violation, and no later than five years after the violation occurred.
Building your case
If you think a bureau or furnisher violated the FCRA, keep:
- Copies of every dispute letter and the proof you sent
- Certified mail receipts or online dispute confirmations
- The results of each investigation
- Credit reports before and after
- Records of any denials or higher rates you received because of the error
State Laws Add Protections
Many states have their own credit reporting laws. California’s Consumer Credit Reporting Agencies Act, for example, provides additional rights and remedies for California residents, and California law also places limits on certain types of information in consumer reports. Where state law gives you more protection, it often applies in addition to the FCRA.
Specialty Reports You Can Request
Beyond your credit reports, you’re entitled to reports from many specialty consumer reporting agencies, including:
- Bank account reports, such as ChexSystems and Early Warning Services, used when you open checking or savings accounts
- Tenant screening reports, used by landlords
- Employment screening reports, used in background checks
- Insurance claims reports, which show home and auto insurance claims
- Utility and telecom reports, used when you open new service
The Consumer Financial Protection Bureau publishes a list of consumer reporting companies with instructions for requesting reports. Nationwide specialty agencies must provide a free report once every 12 months on request, and you can dispute errors on these reports just like credit reports.
Sample FCRA Dispute Letter
I am disputing the following information in my credit file: [creditor name, account number]. This information is inaccurate because [explain — for example, the account shows a 60-day late payment in March 2024, but I paid on time, as shown in the attached bank statement]. Please investigate this matter under the Fair Credit Reporting Act and correct or delete the inaccurate information. Please send me the results of your investigation and an updated copy of my credit report.
Include your full name, address, date of birth, and copies of your supporting documents. Keep a copy of everything you send.
How the FCRA Protects Identity Theft Victims
If someone uses your identity to open accounts, the FCRA gives you a set of tools:
- Place a fraud alert with one bureau, which will notify the other two.
- Request free reports to see every account and inquiry.
- File an identity theft report at IdentityTheft.gov.
- Request a block of fraudulent information from each bureau, which generally must be done within four business days.
- Place an extended fraud alert for seven years if you’ve filed an identity theft report.
- Request business records from companies where accounts were opened fraudulently, which you’re entitled to receive.
- Freeze your credit to prevent new accounts.
Medical Information
The FCRA restricts how medical information can be included in consumer reports and used by creditors. For example, reports generally can’t identify the medical provider or the nature of the services when reporting medical debt, and creditors generally can’t use medical information to make credit decisions, with limited exceptions. Separate credit bureau policies also limit how medical collections are reported.
Common Misconceptions About the FCRA
- “The FCRA lets me remove anything negative.” It doesn’t. It requires accuracy. Accurate, timely negative information can stay for its reporting period.
- “Disputing everything will clean up my report.” Frivolous disputes can be rejected. Focus on real errors.
- “Only the three bureaus are covered.” Specialty reporting agencies, like tenant screening and bank account reporting companies, are covered too.
- “I can’t sue a credit bureau.” You can, and the law allows you to recover attorney’s fees.
How to File a Complaint
If a credit bureau or furnisher won’t correct a clear error, you can file a complaint with the Consumer Financial Protection Bureau. Describe what happened, include the dates of your disputes, and attach copies of your letters and proof. Companies are generally expected to respond within 15 days, and complaints are published in a public database with personal details removed. You can also contact your state attorney general’s office. Filing a complaint doesn’t prevent you from pursuing a lawsuit if you have a claim.
Using the FCRA Well
The FCRA works best when you use it deliberately. Check your reports regularly, dispute specific errors with clear documentation, keep copies of everything, and follow up on the results. When a company fails to meet its obligations, escalate — first with a complaint, and then, if needed, with a consumer attorney.
Frequently Asked Questions
What does the Fair Credit Reporting Act do?
It regulates how consumer reporting agencies collect, share, and correct information about you. It gives you rights to see your reports, dispute errors, limit access, place freezes and fraud alerts, and sue for violations.
How long does a credit bureau have to investigate a dispute?
Generally 30 days, extending to 45 days if you send additional relevant information during the investigation or if your dispute follows a free annual report.
Can I sue a credit bureau under the FCRA?
Yes. You can sue a consumer reporting agency, a furnisher, or a user of your report for violations. You may recover actual damages, statutory damages for willful violations, punitive damages, and attorney’s fees.
Does the FCRA apply to debt collectors?
Yes, when debt collectors report information to credit bureaus. They must report accurately and investigate disputes. Collection practices themselves are governed by the Fair Debt Collection Practices Act.
Are credit freezes really free?
Yes. Federal law has required the nationwide credit bureaus to offer free security freezes since 2018, including for children under 16.
Can my employer check my credit report?
Only with your written permission, and only after giving you a standalone disclosure. Before taking adverse action based on the report, the employer must give you a copy and a summary of your rights.
What is a permissible purpose?
A legally allowed reason to access your credit report, such as a credit application you initiated, a review of an existing account, an insurance application, or employment with your written consent.
Does the FCRA cover tenant screening companies?
Yes. Tenant screening companies are consumer reporting agencies. They must follow reasonable procedures for accuracy, provide your file on request, investigate disputes, and follow the FCRA’s time limits.
How often can I dispute the same item?
You can dispute again if you have new information or documentation. A bureau may treat a repeated dispute without new information as frivolous, so include anything new each time.
What should I do if a bureau ignores my dispute?
Keep proof that you sent it, file a complaint with the Consumer Financial Protection Bureau, and consider talking to a consumer attorney. A bureau’s failure to investigate can itself be an FCRA violation.
Does the FCRA apply to credit repair companies?
Credit repair companies are governed mainly by the Credit Repair Organizations Act, which prohibits upfront fees and false promises. The FCRA governs the credit reports themselves and the disputes those companies may help you file.
Can a bureau charge me for a dispute?
No. Disputing inaccurate information with a consumer reporting agency is free.
Does the FCRA protect my information from being sold?
It limits who can access your consumer report to those with a permissible purpose. You can also opt out of prescreened offers, which are based on your credit information.
How long do I have to sue for an FCRA violation?
Generally two years after you discover the violation, and no more than five years after it occurred.
The Bottom Line
The Fair Credit Reporting Act puts real power in your hands. You can see your reports, dispute errors, have unverifiable information removed, freeze your credit for free, block identity theft information, and hold companies accountable when they break the rules. Use those rights regularly — check your reports, dispute what’s wrong with clear documentation, keep records of everything, and don’t hesitate to escalate when a company ignores the law.
For a practical plan to use those rights, see our guide on how to fix your credit.
Need Help Enforcing Your Rights?
Strong Credit Report has helped consumers across California and nationwide since [year] dispute credit report errors under the FCRA. Your first consultation is free. When a case calls for a consumer attorney, we’ll tell you.
Schedule a free consultation or call 800-603-8045.
Strong Credit Report is a credit repair organization as defined under the Credit Repair Organizations Act. We are not a law firm. We cannot guarantee specific results or the removal of accurate information. You have the right to dispute inaccurate information yourself at no cost. This article is general information, not legal advice.