Wrongful Reporting (FCRA)

What Is the FCRA? Your Credit Reporting Rights in New York

Reviewed by Steven Amshen · New York · Updated August 2026

Quick Answer

The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, is the federal law governing how credit bureaus collect and report your information. It gives New York consumers the right to see their credit report, dispute inaccurate or incomplete information, and, when a bureau or furnisher fails to correct it, pursue legal remedies including damages and attorney's fees in appropriate cases. New York's own law, General Business Law Article 25, adds further protections.

What does the FCRA cover?

Congress enacted the Fair Credit Reporting Act in 1970 (15 U.S.C. § 1681). The law sets standards for accuracy, fairness, and privacy in the information held by consumer reporting agencies, including the three nationwide agencies: Equifax, Experian, and TransUnion. It also sets obligations for the businesses that furnish information to those agencies.

What does the FCRA let you do?

Under the FCRA, a consumer has the right to:

Request a copy of their credit report.
Dispute information that is inaccurate or incomplete.
Be notified when a credit report has been used in a decision against them.
Have most negative items removed from the report after seven years.
Pursue damages where the law has been violated.

Inaccurate Collection Accounts and the FCRA

The FCRA provides a process for challenging collection accounts that do not belong on a credit report. That can include:

Debts that are not yours, often the result of identity theft or a clerical error.
Duplicate entries for the same account.
Unverified accounts reported without adequate documentation.
Items that have remained on the report beyond the reporting period.

When a consumer files a dispute, the law sets a process the agency must follow. If the information cannot be verified, the FCRA requires that it be corrected or deleted.

How does the credit dispute process work?

A consumer files a dispute with the credit reporting agency. The agency is generally required to reinvestigate within 30 days of receiving the dispute, and to contact the furnisher of the information. If the item cannot be verified, the FCRA requires that it be corrected or removed. In some circumstances the reinvestigation period may extend to 45 days.

New York Has Its Own Credit Reporting Law

Federal law is not the only protection available. New York General Business Law Article 25 (Sections 380 and following), the New York Fair Credit Reporting Act, adds state-level credit reporting protections that apply alongside the federal FCRA. A New York consumer may have rights under both.

What happens when a dispute does not resolve?

A properly filed dispute does not always lead to a correction. Sometimes an item reappears after deletion, an investigation closes without a change, or supporting documentation goes unaddressed. At that point the issue may be a violation of federal or New York law, not simply an error on the report.

Petroff Amshen LLP represents New York consumers in FCRA matters. The firm reviews the credit file and the prior dispute, and takes legal action in state and federal courts where the law has been violated.

“When a valid dispute is ignored, the question stops being whether the report is wrong and becomes whether the law was followed. That is the point where legal action may be appropriate.”

Steven Amshen, Founding Partner, Petroff Amshen LLP

This Is Not Credit Repair

Petroff Amshen LLP is a New York law firm that litigates claims under the Fair Credit Reporting Act. Credit repair companies are not law firms. They cannot file a lawsuit, and they cannot enforce a consumer's rights in court. For New Yorkers whose disputes have not resolved on their own, the legal route is a different path than a credit repair service.

How Petroff Amshen Approaches FCRA Cases

The firm reviews the full credit file and any prior dispute, identifies items that appear inaccurate or unverifiable, and, where the FCRA or New York law has been violated, files claims in state and federal courts. Where the law provides, those claims may seek damages and attorney's fees.

Frequently Asked Questions

What does FCRA stand for?

FCRA stands for the Fair Credit Reporting Act, a federal law enacted in 1970 that governs how consumer credit information is collected, shared, and reported.

How long do negative items stay on a credit report?

Most negative items may remain for up to seven years. A bankruptcy may remain for up to ten years.

How long does a credit bureau have to investigate a dispute?

A credit reporting agency is generally required to reinvestigate a dispute within 30 days of receiving it, and in some circumstances within 45 days.

Does New York have its own credit reporting law?

Yes. New York General Business Law Article 25 (Sections 380 and following) is the New York Fair Credit Reporting Act, which applies alongside the federal FCRA.

Is this the same as credit repair?

No. Petroff Amshen LLP is a law firm that litigates FCRA claims. Credit repair companies are not law firms and cannot bring a lawsuit.

Can a consumer sue under the FCRA?

The FCRA may allow a consumer to bring a claim and, where the law provides, recover damages and attorney's fees when their rights have been violated. Whether a case exists depends on the specific facts.

Know Your Legal Options.

Petroff Amshen LLP represents New York consumers in Fair Credit Reporting Act matters in state and federal courts.

Authoritative sources: 15 U.S.C. § 1681 (FCRA) · FTC consumer resources

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.