Unlike statutory damages capped at $1,000 per violation, actual damages under the FCRA can include the full cost of the denial — the rate difference on an alternative loan, a higher-APR credit card forced on you instead, costs of temporary housing, lost employment income, and all other measurable losses caused by the fraudulent tradelines.
The bureau that re-verified a fraudulent account, the furnisher that opened or maintained it, and in some cases the entity that first sold your information may each be independently liable — creating multiple avenues for full recovery.
The FCRA's fee-shifting provision means the bureaus and furnishers pay all attorney fees when we prevail. You pay nothing out of pocket regardless of how complex the case becomes.
Do I Qualify?
Did identity theft cost you
a mortgage, credit card,
loan, or place to live?
The combination of a documented FTC Identity Theft Report, a bureau that re-verified fraudulent accounts despite that documentation, and a resulting denial — whether of a mortgage, credit card, auto loan, or housing — creates the strongest possible FCRA actual damages case. We evaluate these cases for free.
Types of Economic Harm That Create Actual FCRA Damages
How denials after identity theft create recoverable damages
The most significant: a mortgage denial caused by fraudulent tradelines from identity theft. The cost of the higher-rate alternative loan over 30 years can be substantial actual damages.
Fraudulent accounts tanking your credit score can cause credit card applications to be denied outright, or result in approvals only for secured cards or cards with very high APRs and low limits — both of which represent measurable actual damages.
You qualified for financing but at a significantly higher interest rate because fraudulent accounts suppressed your score. The rate difference over the loan term is recoverable.
An apartment application denied because of fraudulent collections or accounts on your report — with resulting costs of alternative housing, moving expenses, or temporary accommodations.
Some employers run credit checks for certain positions. Identity theft affecting your credit report can cost you a job offer — creating lost wage actual damages.
If the bureaus failed to remove fraudulent accounts over a period of months or years, each denial during that period may support additional actual damage claims.
California courts recognize emotional distress as recoverable actual damages in FCRA cases — the anxiety, stress, and disruption of being unable to secure a home or loan because of fraud you didn't commit.
Keep every denial letter you receive. Each adverse action notice identifying the fraudulent tradelines as a reason for denial is direct evidence of causation — whether for a mortgage, credit card, auto loan, or rental. This includes credit card denial letters, which banks are required to send under the Equal Credit Opportunity Act. These documents are critical to maximizing your actual damages recovery.
If you were denied a credit card, accepted a higher-interest loan, or paid more for alternative housing because of identity theft on your credit report, document those costs now. Bank statements, loan documents, and lease agreements showing the cost difference support significant actual damages claims.
Why AJG Law Group
Why AJG Law Group
for your identity theft denial claim?
Denial-after-identity-theft cases are among the highest-value FCRA claims because actual damages can far exceed the $1,000 statutory cap. We build comprehensive actual damages cases against bureaus and furnishers across California.
When a bureau re-verifies a fraudulent account after you've disputed it with an FTC Identity Theft Report, both the bureau and the furnisher may be independently liable. Multiple defendants = multiple damages.
The FCRA is fee-shifting. When we prevail against Equifax, Experian, or TransUnion — and the furnisher — they pay all attorney fees. You pay nothing.
AJG Law Group handles identity theft FCRA cases across all of California. We manage all communications with the bureaus and furnishers so you don't have to.
