What Are Your Rights Under the Fair Credit Reporting Act?
Quick Answer
The Fair Credit Reporting Act, passed in 1970 and updated multiple times since, governs how credit bureaus and data furnishers collect, store, and use information about you. It is one of the most practically useful consumer protection laws in the United States because your credit report affects your ability to get loans, housing, employment, and insurance.
Your Core Rights Under the FCRA
Right to a Free Credit Report
You are entitled to one free credit report per year from each of the three major bureaus (Equifax, Experian, TransUnion) through AnnualCreditReport.com. You are also entitled to a free report if:
- You were denied credit, insurance, employment, or housing based on your credit file (you have 60 days to request)
- You are unemployed and plan to apply for work within 60 days
- You are on public assistance
- You believe your report contains inaccurate information due to fraud
Right to Know What Is in Your File
You have the right to request your full credit file, including the credit score if you ask for it (a fee may apply for the score itself). The bureau must provide it within 15 days of receiving your request.
Right to Dispute Inaccurate Information
If your credit report contains information you believe is inaccurate or incomplete, you have the right to dispute it. The bureau must investigate within 30 days (45 days if you provide additional information) and correct or delete information that cannot be verified.
You can dispute:
- Accounts that are not yours
- Incorrect payment history
- Accounts that should have aged off (most negative items expire after 7 years; Chapter 7 bankruptcy after 10 years)
- Wrong personal information
- Fraudulent accounts opened in your name
Right to Know When Your File Was Used Against You
If your credit report is used to deny you credit, insurance, employment, or housing, or to give you less favourable terms, the company must tell you, and must tell you which bureau provided the report so you can check your file.
This is called an "adverse action notice" and must include:
- The name and contact information of the credit bureau used
- Your right to a free credit report from that bureau within 60 days
- Your right to dispute inaccurate information
Right to Limit Access to Your File
Not everyone can pull your credit report. Access is limited to parties with a "permissible purpose," which includes:
- Creditors you applied to
- Employers (with your written consent)
- Landlords (with your consent)
- Insurance companies
- Government agencies in certain circumstances
Companies cannot access your credit report without your consent or a legitimate permissible purpose.
Right to Place a Security Freeze or Fraud Alert
You have the right to place a free security freeze on your credit file, which blocks lenders from accessing it and prevents new accounts from being opened without your permission. See the separate guide on credit freezes and fraud alerts for full instructions.
How Long Information Can Stay on Your Report
| Item | Maximum Reporting Period |
|---|---|
| Late payments | 7 years from the date of first delinquency |
| Collections and charge-offs | 7 years from the original delinquency date |
| Chapter 7 bankruptcy | 10 years from filing date |
| Chapter 13 bankruptcy | 7 years from filing date |
| Hard inquiries | 2 years |
| Civil judgments and tax liens | Removed since 2018 |
| Most other negative information | 7 years |
If information remains on your report beyond these periods, you have the right to dispute it and have it removed.
What to Do If Your Rights Were Violated
If a credit bureau or company that reports to bureaus violates the FCRA, for example, by failing to investigate a dispute, reporting inaccurate information after being notified of the error, or accessing your report without authorisation, you have several options:
File a complaint with the CFPB: ConsumerFinance.gov/complaint, 1-855-411-2372 The CFPB oversees credit bureau compliance and can take enforcement action.
File a complaint with the FTC: ReportFraud.ftc.gov, 1-877-382-4357
Sue in federal or state court: The FCRA gives you the right to sue credit bureaus and data furnishers for wilful violations. Damages can include actual losses, statutory damages up to $1,000, and attorney fees. Consult a consumer rights attorney if you believe you have a case.