Fair Credit Reporting Act

Fair Credit Reporting Act

Fair Credit Reporting Act

The statute requires reasonable procedures to assure maximum possible accuracy, limits report use to permissible purposes, requires reinvestigation of disputes, and mandates adverse action notices.

Willful violations support statutory and punitive damages.

Alternative Names:

FCRA|Credit Reporting Act

Why it Matters?

The willfulness standard from Safeco is the central defense, since an objectively reasonable interpretation of an ambiguous statutory provision defeats willfulness even if the interpretation was wrong, which eliminates statutory and punitive damages and confines recovery to actual damages. Establishing that the challenged practice rested on a defensible reading of unsettled law is accordingly the primary defense investment in these cases.

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Related terms

Frequently asked questions

What is the central defense?

What is the central defense?

The Safeco willfulness standard, since an objectively reasonable reading of an ambiguous provision defeats willfulness.

What does defeating willfulness accomplish?

What does defeating willfulness accomplish?

It eliminates statutory and punitive damages, confining recovery to proven actual damages.