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How Long Do I Have To File A credit Report Or Background Check Lawsuit Under The Fair Credit Reporting Act (FCRA)?

Posted by Andrew Weiner | Oct 09, 2020 | 0 Comments

 

As with nearly every law, individuals are limited in the amount of time they have to file a lawsuit when their rights have been violated.  The legal term for this timeframe is "statute of limitations." 

Under the Fair Credit Reporting Act (FCRA), a lawsuit for violations of this federal law must be filed within two years of the “discovery by the plaintiff of the violation that is the basis for . . . liability” but in no event more than five years after the date of such violation.  Generally speaking, this means that individuals have two years from the date of the FCRA violation to file a lawsuit against the credit reporting agency (like Equifax, Experian, or Trans Union), the employment background reporting company (like Sterling, First Advantage, or Checkr), the tenant screening company, or any other consumer reporting agency covered by the FCRA.  But if a consumer is unaware of the violation, he or she may be able to extend the statute of limitations to up to five years. 

If you are unsure if there is an FCRA violation, or if you are within your statute of limitations, feel free to reach out to the FCRA lawyers at Weiner & Sand LLC to discuss the matter. 

About the Author

Andrew Weiner

Andrew Weiner has represented and counseled clients in numerous areas of employment law, including race, gender, national origin, age, and disability discrimination claims, wage and hour disputes, retaliation and harassment claims, Fair Credit Reporting Act (background report) claims, common law tort claims, the development and implementation of employment contracts, employee handbooks, personnel policies, reductions-in-force, independent contractor agreements and compliance with Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other federal, state and local employment statutes. Andrew also has negotiated severance agreements, employment contracts, non-compete agreements, and confidentiality agreements.

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