Your Rights Under the Fair Credit Reporting Act (FCRA)
Understanding federal protections for your credit information
The Fair Credit Reporting Act (FCRA) is a federal law that regulates how credit bureaus collect, share, and use your credit information. It gives you important rights to ensure accuracy and privacy.
Your Key FCRA Rights
Right to Access Your Credit Report
You're entitled to a free credit report from each of the three major credit bureaus (Equifax, Experian, TransUnion) once every 12 months through AnnualCreditReport.com.
- Additional free reports after denial of credit, employment, or insurance
- Free reports if you're unemployed and seeking employment
- Free reports if you're on welfare
- Free reports if you believe you're a victim of identity theft
Right to Dispute Inaccurate Information
If you find errors on your credit report, you have the right to dispute them. The credit bureau must investigate within 30 days (45 days in some cases).
- Dispute directly with credit bureaus
- Dispute with the data furnisher (creditor/lender)
- Receive free updated reports after dispute resolution
- Add a statement of dispute if investigation doesn't resolve in your favor
Right to Know Who Accessed Your Credit
Your credit report must list everyone who has accessed it in the past two years for employment purposes and one year for other purposes.
- See all hard inquiries (with your permission)
- See all soft inquiries (promotional or account reviews)
- Identify unauthorized access
Right to Consent Before Reporting
Employers must get your written consent before accessing your credit report. You must be notified if information in your report is used against you.
- Written authorization required for employment screening
- Pre-adverse action notice if credit influences employment decision
- Right to receive copy of report used in decision
Right to Limits on Negative Information
Most negative information must be removed from your credit report after seven years. Bankruptcies can remain for up to ten years.
- Late payments: 7 years from delinquency date
- Collections: 7 years from original delinquency
- Chapter 7 bankruptcy: 10 years
- Chapter 13 bankruptcy: 7 years
- Foreclosures: 7 years
- Tax liens: 7 years from payment date
Right to Opt Out of Pre-Screened Offers
You can opt out of pre-screened credit and insurance offers by calling 1-888-5-OPT-OUT (1-888-567-8688) or visiting OptOutPrescreen.com.
- Stop receiving pre-approved credit offers
- 5-year opt-out or permanent opt-out available
- Reduces identity theft risk
Right to Security and Privacy
Credit bureaus must take reasonable measures to ensure the accuracy and privacy of your credit information.
- Secure storage of your data
- Only authorized access permitted
- Verification of identity before releasing reports
- Data breach notifications required
Right to Sue for Violations
If a credit bureau, creditor, or data furnisher violates the FCRA, you have the right to sue for damages.
- Actual damages (financial losses)
- Statutory damages ($100-$1,000 per violation)
- Punitive damages in cases of willful noncompliance
- Attorney's fees and court costs
How to Exercise Your FCRA Rights
Request Your Credit Reports
Visit AnnualCreditReport.com to get your free reports from all three bureaus annually.
Review Reports Carefully
Check for errors, outdated information, or signs of identity theft across all three reports.
Dispute Errors in Writing
Send dispute letters via certified mail with return receipt to document your request.
Follow Up
Monitor the investigation process and request written results of all disputes.
Escalate if Necessary
File complaints with the CFPB or consider legal action for serious violations.
Common FCRA Violations
Failure to Investigate Disputes
Not conducting a reasonable investigation within 30-45 days
Reporting Inaccurate Information
Continuing to report information known to be inaccurate
Mixed Files
Mixing your credit information with another consumer's data
Unauthorized Access
Allowing access to your credit report without permissible purpose
Failure to Provide Notice
Not notifying you when information is used against you
Outdated Information
Reporting negative items beyond legally allowed timeframes
Resources for FCRA Complaints
Consumer Financial Protection Bureau (CFPB)
Submit complaints online: consumerfinance.gov/complaint
Federal Trade Commission (FTC)
Report violations: reportfraud.ftc.gov
State Attorney General
Your state's AG office may also handle credit reporting complaints
Know Your Rights, Protect Your Credit
The FCRA provides powerful protections. Don't hesitate to use them when your credit information is inaccurate or mishandled.