FCRA Liability Harmonization Act (H.R. 5775)

FCRA Liability Harmonization Act

This bill limits the amount of damages and costs consumer credit reporting agencies must pay for violations of the Fair Credit Reporting Act (FCRA), which regulates the use of consumer information for credit reporting purposes. Under FCRA, consumer credit reporting agencies may be found civilly liable to consumers for willful or negligent noncompliance.

The bill eliminates the ability of courts to award unlimited punitive damages to a consumer for a consumer credit reporting agency’s willful noncompliance with FCRA.

Regarding a consumer credit reporting agency’s willful or negligent noncompliance with FCRA, the bill limits the amount that may be awarded to consumers

• for court costs, and
• in class action lawsuits, specifically by prohibiting the court from applying a minimum amount of damages for each class member and by limiting the total recovery amount of the class.