Federal laws

FCRA Rules and Numbers: Notices, Damages, Time Limits

See what the FCRA requires of employers who run credit and background checks, the damages and time-limit numbers, recent changes and Illinois add-ons.

Last reviewed October 29, 2026 · General information, not legal advice

General information only, not legal advice. CPA Tax Payroll and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

This page covers what the Fair Credit Reporting Act (FCRA) asks of employers who use consumer reports. Basics are in the FCRA overview.

What the law requires

RequirementIn plain wordsWhere it comes from
Disclosure and consentBefore ordering a job-related report, give a clear stand-alone written notice and get written permission15 U.S.C. 1681b(b)(2)(A)
Adverse actionBefore acting on a report, send its copy and the agency's summary of rights. Afterward, send a notice naming the agency, saying it did not decide, and explaining the free-report and dispute rights. Some trucking jobs differ1681b(b)(3); 1681m(a)
Permitted use and disposalUse reports only for a permitted purpose; dispose of them and data taken from them with reasonable measures, such as shredding or erasing1681b(a); 16 CFR 682.3
Illinois credit historyNo credit inquiry or report unless a listed bona fide requirement applies, such as required bonding, or custody of or unsupervised access to $2,500 or more in cash or marketable assets820 ILCS 70/10
Illinois criminal recordsUnless another law allows it, arrest records may not be asked about or used, and a conviction may be used only if substantially related to the job or an unreasonable risk, after written notice and at least 5 business days to respond. Covered employers wait for an interview or conditional offer to ask, with exceptions775 ILCS 5/2-103, 2-103.1; 820 ILCS 75/15

Cook County (Code 42-35) and Chicago (Municipal Code 6-10) add their own rules for employers operating there; see the Cook County Human Rights Ordinance page.

Key numbers and dates

ItemAmount or dateYear in forceSource
Time limit to sueEarlier of 2 years after discovery or 5 years after the violationCurrent1681p
Age of reported itemsMost negative items 7 years, bankruptcy 10, convictions no FCRA limit; limits do not apply to credit reports for jobs paying $75,000 or more a yearCurrent1681c(a), (b)
Employment screening in order one hire's steps
  1. Stand-alone notice and written permission
  2. Report copy and summary of rights; no fixed wait (FTC staff, 2011: a reasonable time)
  3. At least 5 business days to respond
  4. Adverse-action notice; free report on request within 60 days
  5. Shred or erase the report data

Source: 15 U.S.C. 1681b, 1681m; 775 ILCS 5/2-103.1

Recent and pending changes

  • Oct 28, 2026 (final): the EEOC voted to rescind its 2012 arrest and conviction guidance, effective immediately (release of Oct 29). Title VII still applies, and the 2014 EEOC-FTC background check guide was still posted on Oct 29.
  • Jul 31, 2026 (signed; effective Jun 1, 2027): Illinois Public Act 104-744 adds Sec. 2-103.5 to the Illinois Human Rights Act: employer criteria with a discriminatory effect, including by arrest or conviction record, are unlawful if the employer cannot show they are job related and consistent with business necessity, or if the worker shows a less discriminatory practice could meet that need.

Penalties and enforcement

The FTC, the CFPB, other agencies and state attorneys general can enforce the FCRA, and people can sue. In Illinois, the Department of Labor enforces the timing law.

TierWhat can follow
Negligent violationActual damages, costs and attorney fees
Willful violationActual damages or $100 to $1,000 per person, plus punitive damages, costs and fees
Willful false pretensesAn individual: actual damages or $1,000, whichever is greater. Knowing, willful cases can also bring a fine, up to 2 years, or both
FTC civil penaltyUp to $4,983 per knowing pattern-or-practice violation (2025 amount, unchanged for 2026)
Illinois timing lawWarning and 30 days to fix, then up to $500, then up to $1,500, then up to $1,500 per 30 days

Next, see the checklist and FAQs.

Official sources

This page is a plain-language summary. The official source controls if there is any difference.