The Statute of Limitations for FCRA Claims in Ohio & Timing Legal Action

Most people find out about a problem on their credit report at the worst moment – a denied home loan, a surprise notice in the mail, a pulled job offer. However, when it does happen, the clock may already be ticking on your right to rectify the situation.

The FCRA filing deadline is federal and unforgiving. So, whether you live in Ohio or elsewhere, you generally have two years from discovering the violation, but never more than five years from when it happened to act. If inaccurate credit reporting is costing you money or opportunities, it’s best to know what you’re facing, how long you have, and seek an experienced FCRA attorney’s help.

What Is the Statute of Limitations for FCRA Claims?

The Fair Credit Reporting Act (FCRA) grants consumers significant rights to challenge and correct inaccurate information on their credit reports, while also establishing strict deadlines for pursuing legal action if these rights are violated.

Under 15 U.S.C. § 1681p, an FCRA lawsuit must be filed by the earlier of:

• Two years after the date you discovered the violation, or
• Five years after the violation occurred (known as a “statute of repose”).

Even if you uncover the issue years later, the five-year outside limit can still bar your claim. That means your right to sue expires five years after the violation, no matter when you discovered it.

Disputing a Credit Error Vs. Suing

Many consumers assume the FCRA statute of limitations starts when they first notice a mistake on their credit report. But it really begins after the violation of the FCRA occurs—and that usually happens after you’ve taken steps to dispute the inaccuracy.

Requesting a Correction to the Credit Error Comes First

Before you can sue a credit bureau (Experian, Equifax, or TransUnion) or a data furnisher (such as a lender, debt collector, or loan servicer), you must first formally dispute the inaccurate information. This is the essential first step that triggers their legal duty to investigate under the Fair Credit Reporting Act (FCRA).

Read: The Cost of Credit Report Errors: How Mistakes Impact Your Finances

Once your dispute is received:

• The credit reporting agency (CRA) must promptly forward your dispute — along with any supporting documentation — to the furnisher that reported the information.
• Both the CRA and the furnisher have 30 days to conduct a reasonable and good-faith investigation of your claim.
• At the end of the investigation, they must correct, delete, or verify the disputed item and notify you of the results.

If either the CRA or furnisher fails to conduct a proper investigation, ignores evidence, or continues reporting inaccurate or misleading information, that failure becomes a violation of the FCRA. And that’s when the clock starts ticking.

So, let’s say you discovered a credit reporting error on June 1, 2024, as part of your annual financial review and disputed it immediately. The CRA should have completed its “investigation” by July 2, 2024, but instead your request was ignored, and the error was left uncorrected. In this case, the FCRA violation occurred around July 2, 2024, generally giving you until July 2, 2026, to file suit, unless the five-year limit from the original act arrives sooner.

Read Legal vs. Factual Credit Report Disputes: What You Need to Know

Filing a FCRA Lawsuit is a Separate, Next Step

If you’ve disputed inaccurate information on your credit report and the credit reporting agency (CRA) or furnisher failed to correct it, a violation of the Fair Credit Reporting Act (FCRA) has likely occurred. At that point, you’ve done everything required under the law — and your next step is enforcing your rights through a lawsuit.

An FCRA claim can be filed in federal or state court, though most proceed in federal court because the FCRA is a nationwide statute. Your attorney will determine the appropriate court and may include additional claims under Ohio law. 

What Damages Can I Recover in an FCRA Case?

If successful, an FCRA lawsuit can provide:

• Actual damages (for lost opportunities, credit denials, or emotional distress)
• Statutory damages of up to $1,000 per willful violation
• Punitive damages for reckless or intentional misconduct
• Attorney’s fees and court costs
• Correction or deletion of the inaccurate information

Read What Damages Can You Recover in an FCRA Lawsuit?

The FCRA’s Five-Year Time Limit

The five-year statute of repose under the Fair Credit Reporting Act serves as a firm statute of limitations for filing a claim. Once five years have passed from the date of the initial violation (not the initial credit error) — regardless of when you discovered it — your right to sue permanently expires.

Courts interpret this provision as an absolute cutoff designed to bring finality to potential claims and prevent indefinite exposure to liability for credit bureaus and furnishers. Unfortunately, that means even if the error continues to appear on your credit report or causes new harm years later, you may no longer have a legal remedy under the FCRA.

For Ohio consumers, this highlights the importance of vigilance, as inaccurate credit reporting can impact everything from mortgage applications to employment opportunities. The best protection is to request your free annual reports at AnnualCreditReport.com, review them for discrepancies, and dispute errors immediately. Acting early doesn’t just correct the problem sooner — it preserves your right to hold negligent companies accountable if they fail to fix it.

What If You Miss the FCRA Deadline?

If you miss both the two-year discovery period and the five-year repose limit, your case is time-barred — meaning the court will dismiss it even if the violation was clear.

However, you may still have options to:

• File new disputes if the inaccurate information is still being reported, potentially creating a new violation and a new timeline, or
• Pursue related state-law claims (such as negligence or defamation) if those remain within their own filing periods.

Because timing is critical, consult an attorney as soon as you suspect your rights have been violated.

Frequently Asked Questions about FCRA Claim Deadlines

How Long Does an FCRA Case Take?

Most FCRA lawsuits resolve within 6 to 18 months after filing. The exact timeline depends on the complexity of your case, the quality of evidence, and whether the credit bureau or furnisher disputes liability. Many cases settle early through negotiation, while others proceed to trial if the defendant refuses to correct the issue or accept responsibility.

Can I Skip Straight to a Lawsuit?

No. You must first file a formal dispute with the credit reporting agency before you can sue. This step triggers the CRA’s and furnisher’s legal duty to investigate within 30 days. If they fail to investigate, verify, or correct inaccurate data, that failure becomes an FCRA violation that allows you to pursue legal action. Skipping this step could result in your lawsuit being dismissed.

What If the Credit Bureau Keeps Re-Reporting the Same Error?

If the same inaccurate information is re-published or re-reported, some courts treat each new instance as a separate violation, restarting the two-year statute of limitations clock. This is known as the “continuing violation” doctrine. However, courts differ on how they apply it, and some may still enforce the original five-year limit. An experienced attorney can determine whether the continuing violation rule applies to your case.

Can I Sue in Ohio State Court?

Yes, you can file an FCRA claim in either state or federal court. However, most cases are brought in federal court, as the law is federal and federal judges have greater experience with these types of claims. Your attorney will evaluate the case facts, potential damages, and venue advantages to determine where to file for the strongest outcome.

How Do I Know If an FCRA Violation Occurred?

A violation occurs when a credit bureau or furnisher fails to follow FCRA requirements after you file a dispute. Common signs include:

• Your dispute is being ignored or closed without investigation.
• The same inaccurate data remains on your report after 30 days.
• A “verified” response that doesn’t address the evidence you submitted.

These red flags typically indicate that the CRA, or furnisher, has violated its duties under 15 U.S.C. § 1681s–2(b) and may be liable for damages.

Protect Your Rights Under the FCRA Before Time Runs Out

Once the two-year discovery window or the five-year statute of repose expires, your opportunity to hold a credit bureau or furnisher accountable is gone. If your dispute was ignored or your report still contains false information, it’s critical to act quickly. Waiting too long can mean losing your right to recover damages and correct your credit record, even when the violation is clear.

At Luftman, Heck & Associates, our Ohio consumer law attorneys assist clients throughout the state in enforcing their FCRA rights and restoring their financial standing. Led by attorney Jeremiah E. Heck, we represent individuals who have been harmed by negligent furnishers and credit bureaus that fail to investigate or correct errors.

Contact LHA Ohio Debt Help for a free, no-obligation evaluation and take the first step toward protecting your credit and asserting your rights.