FCRA question

[Focus2069]

Ok, I am confused.

I have been talking to 2 different local lawyers about this. One says that filing an FCRA suit requires "actual" damages and the other says FCRA allows for acutal damages or 1000 per occurance or violation, whichever is greater.

Which is correct?

[nascar]

It's kind of a mixture of both. See 15 U.S.C. 1681n and 1691o

For willful noncompliance, damages can be awarded for both actual, punitive and statutory damages. Statutory damages can range from $100 to $1000.

For negligent noncompliance, you can recover only actual damages

In both cases, you can recover costs and fees.

[Focus2069]

It's kind of a mixture of both. See 15 U.S.C. 1681n and 1691o

For willful noncompliance, damages can be awarded for both actual, punitive and statutory damages. Statutory damages can range from $100 to $1000.

For negligent noncompliance, you can recover only actual damages

In both cases, you can recover costs and fees.

Ah, ok, I am assuming it is hard to prove that it was "willfull", thats why they prefer to have actual damages.