I think I have an FCRA violation. I heard it was only $1000 per violation we could recover. Also, I heard there are punitive and legal fees you can ask for, but that is about it. I am about to sign a retainer agreement with this law firm, but I am afraid that $1,000 seems so low and a waste of my time. Can anyone tell me if the damages amount I was told is true and if there is any way to get more money for an FCRA volation.
1 Answer from Attorneys
It's not that simple.
For a willful or knowing violation of the FCRA, the Act allows for: (a) actual damages OR, depending on the violation, a flat $1,000 or between $100 and $1,000, (b) punitive damages, and (c) attorneys fees. See, http://www.law.cornell.edu/uscode/uscode15/usc_sec_15_00001681---n000-.html.
For negligent noncompliance, the FCRA allows for: (a) actual damages, and (b) attorneys fees. See, http://www.law.cornell.edu/uscode/uscode15/usc_sec_15_00001681---o000-.html.
If you have concerns, you should discuss them with your attorney before you sign the retainer agreement.
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