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

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.