I 
119TH CONGRESS 
1ST SESSION H. R. 5775 
To amend the civil liability requirements under the Fair Credit Reporting 
Act to include requirements relating to class actions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 17, 2025 
Mr. LOUDERMILK
(for himself, Mrs. WAGNER, Mr. FITZGERALD, Mr. 
MEUSER, Mrs. KIM, and Mr. HUIZENGA) introduced the following bill; 
which was referred to the Committee on Financial Services, and in addi-
tion to the Committee on the Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the civil liability requirements under the Fair 
Credit Reporting Act to include requirements relating 
to class actions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘FCRA Liability Har-
monization Act’’. 
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SEC. 2. MAINTAINING CONSISTENCY IN CIVIL LIABILITY 
UNDER THE FAIR CREDIT REPORTING ACT 
FOR CLASS ACTIONS. 
(a) WILLFUL NONCOMPLIANCE.—Section 616 of the 
Fair Credit Reporting Act (15 U.S.C. 1681n) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1)(B), by inserting 
‘‘and’’ after the semicolon; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(D) in paragraph (2), as redesignated by 
subparagraph (C), by striking ‘‘as determined 
by the court.’’ and inserting ‘‘as determined by 
the court, in an amount that does not exceed 
the lesser of— 
‘‘(A) $100,000; or 
‘‘(B) the amount that is 40 percent of any 
damages awarded under paragraph (1)(A).’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) CLASS ACTION LAWSUITS.—With respect to a 
class action brought by a class made up of consumers 
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against a person who willfully fails to comply with a re-
quirement imposed under this title, such person shall be 
liable to such consumers in such an amount as a court 
may determine, except that— 
‘‘(1) the court may not apply a minimum 
amount of damages for each member of the class; 
‘‘(2) the total recovery (excluding reasonable at-
torney’s fees as determined by the court) of the class 
may not exceed the lesser of— 
‘‘(A) $500,000; or 
‘‘(B) 1 percent of the net worth of such 
person; and 
‘‘(3) the costs of the action together with rea-
sonable attorney’s fees, as determined by the court, 
may not exceed the lesser— 
‘‘(A) of $100,000; 
‘‘(B) the amount that is 40 percent of any 
damages awarded by a court under this sub-
section; or 
‘‘(C) the sum of the costs of the action and 
reasonable attorney’s fees, as determined by the 
court, not to exceed the lower of $100,000 or 
an amount equal to 40 percent of actual dam-
ages.’’. 
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(b) NEGLIGENT NONCOMPLIANCE.—Section 617 of 
the Fair Credit Reporting Act (15 U.S.C. 1681o) is 
amended— 
(1) in subsection (a)(2), by striking the period 
at the end and inserting ‘‘, not to exceed the lesser 
of— 
‘‘(A) $100,000; or 
‘‘(B) 40 percent of any actual damages de-
termined by the court.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) CLASS ACTION LAWSUITS.—With respect to a 
class action brought by consumers against a person who 
negligently fails to comply with any requirement imposed 
under this title, such person is liable to such consumers 
in an amount equal to the sum of any actual damages 
sustained by the consumers as a result of the failure, ex-
cept that the total recovery (excluding reasonable attor-
ney’s fees as determined by the court) of the class shall 
not exceed the lesser of— 
‘‘(1) $500,000; 
‘‘(2) 1 percent of the net worth of such person; 
or 
‘‘(3) the sum of the costs of the action and rea-
sonable attorney’s fees, as determined by the court, 
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