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119-hr-5775119th CongressWALLET

FCRA Liability Harmonization Act

Sponsored By: Representative Loudermilk, Barry [R-GA-11]

In Committee

Summary

Caps class-action damages and fees under the Fair Credit Reporting Act. This bill rewrites Sections 616 and 617 to limit recoveries and attorney fees in consumer class actions for willful and negligent FCRA violations, tying caps to fixed dollar limits and the defendant's net worth.

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  • Consumers: Class members could receive smaller aggregate payouts because total class recoveries are capped at the lesser of $500,000 or 1% of the defendant's net worth and there is no guaranteed minimum per member.
  • Individual plaintiffs: People pursuing individual claims still may recover court-determined actual damages, but per-claim willful or negligent awards are limited to the lesser of $100,000 or 40% of actual damages.
  • Businesses and litigation: Companies face clearer maximum exposure and capped litigation costs, with attorney fees and costs limited to the lesser of $100,000 or 40% of damages, and courts allocate awards within those ceilings.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Limits on FCRA class-action awards

If enacted, this bill would limit money consumers can win in Fair Credit Reporting Act (FCRA) cases. For individual willful or negligent claims, any award would be the lesser of $100,000 or 40% of the court's damages. In a consumer class action, the class's total recovery (excluding reasonable attorney's fees) would be capped at the lesser of $500,000 or 1% of the defendant's net worth. The costs of the action plus reasonable attorney's fees would also be limited, generally not exceeding the lesser of $100,000 or 40% of damages, with courts still deciding actual damages, allocation, costs, and fees. These rules would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Loudermilk, Barry [R-GA-11]

GA • R

Cosponsors

  • Rep. Fitzgerald, Scott [R-WI-5]

    WI • R

    Sponsored 10/17/2025

  • Rep. Meuser, Daniel [R-PA-9]

    PA • R

    Sponsored 10/17/2025

  • Rep. Kim, Young [R-CA-40]

    CA • R

    Sponsored 10/17/2025

  • Rep. Huizenga, Bill [R-MI-4]

    MI • R

    Sponsored 10/17/2025

  • Rep. Wagner, Ann [R-MO-2]

    MO • R

    Sponsored 10/17/2025

  • Rep. Williams, Roger [R-TX-25]

    TX • R

    Sponsored 3/25/2026

  • Rep. Moore, Tim [R-NC-14]

    NC • R

    Sponsored 6/23/2026

Roll Call Votes

No roll call votes available for this bill.

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