FCRA Credit Report Dispute Complaint - Arizona

COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT

OPTION A — FEDERAL FORUM

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

Case No. [____________]

OPTION B — STATE FORUM

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

Case No. [____________]

State filing — Rule 26.2 discovery tier or monetary relief claimed: [☐ Tier 1 ☐ Tier 2 ☐ Tier 3] / $[____________]. Complete the applicable county civil cover sheet as well.

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant [CONSUMER REPORTING AGENCY] (the "CRA Defendant") and Defendant [FURNISHER NAME] (the "Furnisher Defendant") (collectively, "Defendants"), and alleges as follows:

I. NATURE OF THE ACTION

1. This is an action for damages brought by an individual consumer against a consumer reporting agency and a furnisher of information arising under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA") [and, if separately supported by the sale-or-advertisement facts pleaded in Count IV, the Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq. ("ACFA")].

2. The CRA Defendant prepared and disseminated consumer reports containing inaccurate information concerning Plaintiff and, after Plaintiff disputed that information, failed to follow reasonable procedures to assure maximum possible accuracy and failed to conduct a reasonable reinvestigation, in violation of 15 U.S.C. §§ 1681e(b) and 1681i.

3. The Furnisher Defendant, after receiving notice of Plaintiff's dispute from the CRA Defendant, failed to conduct a reasonable investigation and continued to report inaccurate information, in violation of 15 U.S.C. § 1681s-2(b).

II. JURISDICTION AND VENUE

4. Subject-Matter Jurisdiction (Federal Forum). This Court has federal-question jurisdiction under 28 U.S.C. § 1331 and 15 U.S.C. § 1681p, which provides that an action to enforce liability under the FCRA may be brought in "any appropriate United States district court ... or in any other court of competent jurisdiction." This Court has supplemental jurisdiction over the state-law claim under 28 U.S.C. § 1367.

5. Subject-Matter Jurisdiction (State Forum). Alternatively, the Superior Court has jurisdiction because 15 U.S.C. § 1681p confers concurrent jurisdiction on any court of competent jurisdiction, and the Court has jurisdiction over the ACFA claim.

6. Personal Jurisdiction. Each Defendant regularly conducts business in Arizona and committed the acts and omissions complained of in Arizona, and therefore is subject to the jurisdiction of this Court.

7. Venue. For a federal filing, plead facts satisfying one specific 28 U.S.C. § 1391(b) route: (1) a district where any defendant resides if all defendants reside in the forum State; (2) a district where a substantial part of the events or omissions occurred; or (3), only if no district is otherwise available, a district where a defendant is subject to personal jurisdiction for the action. Plaintiff's residence or a generic statement that a defendant transacts business in the forum is not enough by itself.

III. PARTIES

8. Plaintiff. Plaintiff is a natural person residing in [CITY], [________________________________] County, Arizona, and is a "consumer" as defined by 15 U.S.C. § 1681a(c).

9. CRA Defendant. Defendant [CONSUMER REPORTING AGENCY] is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. It is a "consumer reporting agency" as defined by 15 U.S.C. § 1681a(f) because, for monetary fees, it regularly assembles and evaluates consumer credit information for the purpose of furnishing consumer reports to third parties, and uses a means or facility of interstate commerce to prepare or furnish those reports.

10. Furnisher Defendant. Defendant [FURNISHER NAME] is a [corporation/LLC/bank/collection agency] with its principal place of business at [ADDRESS]. It is a "furnisher" of information that regularly provides information about consumers, including Plaintiff, to one or more consumer reporting agencies for inclusion in consumer reports.

IV. FACTUAL ALLEGATIONS

11. The Inaccurate Item. Plaintiff's consumer file maintained by the CRA Defendant contains the following inaccurate item of information (the "Disputed Item"):

    • Creditor/Furnisher Name: [________________________________]
    • Account Number (last 4): [____]
    • What the report inaccurately states: [DESCRIBE — e.g., account reported as charged-off/late/open with balance of $[AMOUNT]]
    • What is true and accurate: [DESCRIBE — e.g., account was paid in full / never belonged to Plaintiff / discharged in bankruptcy]

12. Type of inaccuracy (check all that apply):
    ☐ Account does not belong to Plaintiff (mixed file / identity theft)
    ☐ Balance, payment history, or account status is incorrect
    ☐ Account was paid, settled, or discharged in bankruptcy and is reported otherwise
    ☐ Obsolete information being reported beyond the period allowed by 15 U.S.C. § 1681c
    ☐ Duplicate reporting of the same debt
    ☐ Other: [________________________________]

13. The Written Dispute to the CRA. On or about [__/__/____], Plaintiff sent a written dispute to the CRA Defendant identifying the Disputed Item, explaining why it is inaccurate, and enclosing supporting documentation. The dispute was sent by [certified mail / the CRA's online portal] and received by the CRA Defendant on or about [__/__/____].

14. The CRA's Failed Reinvestigation. Upon receiving Plaintiff's dispute, the CRA Defendant was required by 15 U.S.C. § 1681i(a)(1) to conduct a reasonable reinvestigation, free of charge, within the 30-day period, subject to the conditional extension in § 1681i(a)(1)(B)-(C) and the separate provisions in subsections (f) and (g). The CRA Defendant failed to conduct a reasonable reinvestigation and instead [parroted the furnisher's verification / "verified" the item without meaningful review / failed to forward all relevant information to the furnisher / failed to respond]. The CRA Defendant continued to report the Disputed Item as accurate.

15. Notice to and Failure by the Furnisher. Pursuant to 15 U.S.C. § 1681i(a)(2), the CRA Defendant forwarded notice of Plaintiff's dispute to the Furnisher Defendant. Upon receiving that notice, the Furnisher Defendant was required by 15 U.S.C. § 1681s-2(b) to conduct its own investigation, review all relevant information provided by the CRA, report the results, and, if the disputed item was found inaccurate, incomplete, or unverifiable, promptly modify, delete, or permanently block reporting of it to consumer reporting agencies as appropriate. The Furnisher Defendant failed to do so and continued to furnish the inaccurate Disputed Item.

16. Harm to Plaintiff. As a direct and proximate result of Defendants' conduct, Plaintiff suffered harm, including: ☐ denial of credit, ☐ a higher interest rate or less favorable credit terms, ☐ denial of [employment/housing/insurance], ☐ damage to credit score and creditworthiness, ☐ out-of-pocket costs, and ☐ emotional distress, humiliation, frustration, and lost time spent disputing the inaccuracy.

V. CAUSES OF ACTION

COUNT I — Violation of 15 U.S.C. § 1681e(b) (CRA Defendant)

Failure to follow reasonable procedures to assure maximum possible accuracy

17. Plaintiff re-alleges and incorporates paragraphs 1–16.

18. Section 1681e(b) provides: "Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates."

19. The CRA Defendant prepared and published consumer reports concerning Plaintiff that contained the inaccurate Disputed Item and failed to follow reasonable procedures to assure maximum possible accuracy.

20. The CRA Defendant's violation was willful (15 U.S.C. § 1681n) or, in the alternative, negligent (15 U.S.C. § 1681o), entitling Plaintiff to the damages set forth below.

COUNT II — Violation of 15 U.S.C. § 1681i (CRA Defendant)

Failure to conduct a reasonable reinvestigation

21. Plaintiff re-alleges and incorporates paragraphs 1–16.

22. Upon receiving Plaintiff's dispute, the CRA Defendant was required by 15 U.S.C. § 1681i to conduct a reasonable reinvestigation, to forward all relevant information to the Furnisher Defendant, and to delete or modify information that could not be verified.

23. The CRA Defendant failed to conduct a reasonable reinvestigation and failed to delete or correct the inaccurate Disputed Item, in willful or negligent violation of § 1681i.

COUNT III — Violation of 15 U.S.C. § 1681s-2(b) (Furnisher Defendant)

Failure to investigate after notice of dispute

24. Plaintiff re-alleges and incorporates paragraphs 1–16.

25. After receiving notice of Plaintiff's dispute from the CRA Defendant pursuant to 15 U.S.C. § 1681i(a)(2), the Furnisher Defendant was required by 15 U.S.C. § 1681s-2(b) to investigate, review all relevant information, report the results, and, if the disputed item was found inaccurate, incomplete, or unverifiable, promptly modify, delete, or permanently block reporting of it to consumer reporting agencies as appropriate.

26. The Furnisher Defendant failed to conduct a reasonable investigation and continued to furnish the inaccurate Disputed Item, in willful or negligent violation of § 1681s-2(b).

COUNT IV — Violation of the Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq.

27. Plaintiff re-alleges and incorporates paragraphs 1–16.

28. A.R.S. § 44-1522(A) concerns deception or unfair practices in connection with the sale or advertisement of merchandise. [DEFENDANT] sold or advertised [DESCRIBE MERCHANDISE] to Plaintiff on [DATE] by [DESCRIBE SALE OR ADVERTISEMENT]. In that transaction, [DEFENDANT] [DESCRIBE SPECIFIC DECEPTIVE STATEMENT OR OMISSION, SPEAKER, DATE, AND WHY IT WAS FALSE]. Plaintiff [DESCRIBE RELIANCE AND RESULTING LOSS].

29. As a direct result of Defendants' unlawful practice, Plaintiff suffered damages.

30. Plaintiff seeks actual damages under the Arizona Consumer Fraud Act. Plaintiff seeks punitive damages on this state-law claim only if clear and convincing evidence shows Defendants acted with an evil mind and the required wrongful conduct. [DESCRIBE FACTS SUPPORTING THAT CLAIM OR DELETE THE PUNITIVE-DEMAND SENTENCE.] Mere recklessness or reckless indifference is insufficient. Swift Transportation Co. of Arizona, LLC v. Carman, 253 Ariz. 499, ¶¶ 13–14, 20 (2022).

VI. DAMAGES

31. As a result of the willful violations, Plaintiff seeks under 15 U.S.C. § 1681n actual damages or statutory damages of not less than $100 and not more than $1,000, any punitive damages the Court allows, and costs and reasonable attorney's fees in a successful action.

32. In the alternative, for negligent violations, Plaintiff seeks under 15 U.S.C. § 1681o actual damages and costs and reasonable attorney's fees in a successful action.

33. Plaintiff discovered the alleged FCRA violation on [DATE], and the violation occurred on [DATE]. This action is timely under 15 U.S.C. § 1681p, having been filed within the earlier of two (2) years after Plaintiff's discovery of the violation or five (5) years after the violation occurred.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against Defendants and award:

A. Actual damages in an amount to be proven at trial;
B. Alternatively to actual damages for willful FCRA noncompliance, statutory damages of $100 to $1,000 under 15 U.S.C. § 1681n(a)(1)(A);
C. Any punitive damages the Court allows under 15 U.S.C. § 1681n(a)(2) (if willful FCRA noncompliance is proved) and the Arizona Consumer Fraud Act;
D. Actual damages under the Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq.;
E. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n and 1681o and as otherwise allowed by law;
F. Pre- and post-judgment interest as allowed by law;
G. Deletion, correction, or injunctive relief only to the extent a separately pleaded claim and identified authority authorize that remedy; and
H. Such other and further relief as the Court deems just and proper.

VIII. DEMAND FOR JURY TRIAL

For a federal filing, Plaintiff demands a jury trial on all issues triable by jury under the Seventh Amendment and Fed. R. Civ. P. 38. For an Arizona Superior Court filing, Plaintiff invokes the jury right preserved by Ariz. Const. art. II, § 23 and Ariz. R. Civ. P. 38 on all issues triable by jury. Delete the sentence for the forum not selected.

IX. SIGNATURE

Respectfully submitted,

Dated: [__/__/____]

________________________________
[ATTORNEY NAME], Arizona Bar No. [____________]
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff

X. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], declare under penalty of perjury under the laws of the United States and the State of Arizona that I have read the foregoing Complaint and that the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____].

________________________________
[PLAINTIFF FULL LEGAL NAME]

STATE FORUM ONLY — SEPARATE CERTIFICATE OF COMPULSORY ARBITRATION

In the Superior Court of Arizona, [____________] County

Plaintiff: [________________________________]

Defendants: [________________________________]

Case No.: [____________]

The undersigned has checked the applicable county arbitration limit and certifies that this action:

☐ Is subject to compulsory arbitration. Plaintiff seeks only a money judgment, and the amount sought does not exceed the applicable local arbitration limit.

☐ Is not subject to compulsory arbitration. [☐ Amount sought exceeds the applicable local limit ☐ Plaintiff seeks relief other than a money judgment ☐ Other reason: ____________].

Applicable local arbitration limit: $[____________]

Amount of affirmative relief sought, excluding interest, attorney's fees, and costs: $[____________]

Dated: [__/__/____]

Signature: ________________________________

Printed name: [________________________________]

Capacity: [☐ Plaintiff ☐ Counsel for Plaintiff]

Sources and References

• 15 U.S.C. § 1681e(b) — Compliance procedures / accuracy of report: https://www.law.cornell.edu/uscode/text/15/1681e
• 15 U.S.C. § 1681i — Procedure in case of disputed accuracy: https://www.law.cornell.edu/uscode/text/15/1681i
• 15 U.S.C. § 1681s-2 — Responsibilities of furnishers of information: https://www.law.cornell.edu/uscode/text/15/1681s-2
• 15 U.S.C. § 1681n — Civil liability for willful noncompliance: https://www.law.cornell.edu/uscode/text/15/1681n
• 15 U.S.C. § 1681o — Civil liability for negligent noncompliance: https://www.law.cornell.edu/uscode/text/15/1681o
• 15 U.S.C. § 1681p — Jurisdiction of courts; limitation of actions: https://www.law.cornell.edu/uscode/text/15/1681p
• Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq.: https://www.azleg.gov/arsDetail/?title=44
• A.R.S. § 44-1522 — Unlawful practices: https://codes.findlaw.com/az/title-44-trade-and-commerce/az-rev-st-sect-44-1522/
• A.R.S. § 44-1691 et seq. — Consumer Reporting Agencies and Fair Credit Reporting (Article 6): https://law.justia.com/codes/arizona/title-44/