What Can You Get for an Inaccurate Credit Report Lawsuit?
The damages Washington consumers can expect for violations of the Fair Credit Reporting Act
By Doug Mentes, Esq. | Last updated on January 12, 2023Use these links to jump to different sections:
- Threshold Issue Is Whether Conduct by CRA Is Negligent or Willful
- Punitive and Statutory Damages
- Attorney’s Fees and Costs

- listing information that is required to be excluded under the law
- failure to furnish a consumer report for a permissible purpose
- failure to follow reasonable procedures to assure maximum possible accuracy of the consumer’s information contained in their credit file
- failure to conduct proper reinvestigation
Threshold Issue Is Whether Conduct by CRA Is Negligent or Willful
A CRA found negligent in failing to comply with requirements of the FCRA including disputed information, inaccurate information, or incorrect information, is liable to an injured consumer for their damages. To determine negligent conduct, a court evaluates what a “reasonably prudent person” would do if stepping in the shoes of the CRA. If the conduct of the CRA falls short of that standard, it’s negligent. If the CRA meets that standard, the consumer will not receive damages for the credit reporting error. If negligent, the CRA is liable to the consumer for the consumer’s actual damages. Actual damages typically include the following:- Out-of-pocket expenses
- Lost wages
- Lost credit opportunities
- Emotional distress and humiliation
- Damage to reputation
- Testimony regarding the surrounding circumstances
- Testimony of the injured party’s conduct
- Corroboration of other witnesses
- Medical or psychological evidence
Punitive and Statutory Damages
A CRA which willfully fails to comply with requirements of the FCRA with respect to a consumer is liable to that consumer for damages. Those damages can be the actual damages of the consumer, or punitive damages. A CRA’s conduct is willful if it is performed with knowledge or reckless disregard of the law. Punitive damage awards are primarily tools of deterrence and retribution. In determining a punitive damage award courts consider:- the degree of reprehensibility of the CRA’s misconduct and
- the disparity between the actual damage award and the punitive damages award
Attorney’s Fees and Costs
Regardless of the credit reporting agencies conduct, consumers who successfully prove either statutory, negligent or willful violation of the FCRA can recover their attorney fees. This allows many consumers access to an attorney on a contingency or no-fee basis. If a consumer is faced with inaccurate reporting on their credit reports, the first step should be to immediately contact a law firm and seek legal advice from an experienced Washington consumer attorney. For more information on this area of law, see our overviews of consumer law and debt collections.What do I do next?
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