FCRA Glossary
Understanding your rights under the Fair Credit Reporting Act (FCRA) starts with understanding the language used by credit bureaus, furnishers, debt collectors, and consumer protection attorneys. This glossary explains common FCRA terms in plain English.
Story Law Group is a Florida consumer protection law firm based in Jacksonville. Led by attorney Max Story, the firm represents consumers in cases involving credit report errors, identity theft, mixed credit files, post-bankruptcy credit reporting problems, tenant screening errors, background check errors, debt collection abuse, unauthorized electronic transfers, Zelle fraud, EFTA claims, and Regulation E disputes.
Furnisher
A furnisher is a company or organization that provides information to credit reporting agencies. Common furnishers include banks, credit card companies, mortgage lenders, and debt collectors. Under the FCRA, furnishers must provide accurate information and investigate disputes when required.
Mixed File / Merged File
A mixed file occurs when information belonging to another consumer appears on your credit report. This can happen when two individuals have similar names, Social Security numbers, or identifying information. Mixed files can cause serious credit reporting errors and may lead to FCRA claims.
Adverse Action
An adverse action occurs when a lender, employer, insurer, or other organization takes negative action based on information contained in a consumer report. Examples include denying credit, refusing employment, or increasing insurance premiums.
Soft Inquiry vs. Hard Inquiry
A soft inquiry occurs when a credit report is reviewed for informational purposes and does not affect your credit score. A hard inquiry occurs when a lender reviews your credit as part of a lending decision and may affect your credit score.
Section 1681e(b)
Section 1681e(b) of the FCRA requires consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy of the information they report. Many FCRA lawsuits involve alleged violations of this provision.
Section 1681s-2(b)
Section 1681s-2(b) governs the duties of furnishers after receiving notice of a consumer dispute from a credit reporting agency. The furnisher must conduct a reasonable investigation and correct inaccurate information when necessary.
Reinvestigation
A reinvestigation is the process a credit reporting agency must perform after receiving a dispute regarding information on a credit report. The agency generally has thirty days to investigate and respond.
Consumer Reporting Agency (CRA)
A consumer reporting agency is a company that collects and maintains consumer credit information. Experian, Equifax, and TransUnion are the most well-known consumer reporting agencies in the United States.
CDIA (Consumer Data Industry Association)
The Consumer Data Industry Association (CDIA) is a trade association representing consumer reporting agencies and related organizations. The CDIA developed the Metro 2 reporting format used by many furnishers.
Metro 2 Format
Metro 2 is the standardized reporting format used by furnishers to provide credit information to consumer reporting agencies. Accurate Metro 2 reporting is important for maintaining correct consumer credit files.
Permissible Purpose
The FCRA limits who may access a consumer’s credit report. A permissible purpose is a legally recognized reason for obtaining a credit report, such as evaluating a credit application, employment screening, or reviewing an existing account.
FCRA Statute of Limitations
Most FCRA claims must be filed within two years of discovering the violation or within five years of the date the violation occurred, whichever comes first. Missing these deadlines may prevent recovery.
Actual Damages vs. Statutory Damages
Actual damages compensate a consumer for real harm caused by an FCRA violation, such as financial losses or emotional distress. Statutory damages may be available in certain cases involving willful violations even when actual damages are difficult to prove.
Class Action vs. Individual FCRA Case
An individual FCRA case is brought by a single consumer based on harm suffered personally. A class action combines claims from multiple consumers who were affected by similar conduct or reporting practices.