FCRA Credit Report Dispute Complaint

COMPLAINT — FAIR CREDIT REPORTING ACT AND COLORADO CONSUMER CREDIT REPORTING ACT — COLORADO

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violation of 15 U.S.C. § 1681e(b) (CRA — Failure to Follow Reasonable Procedures for Accuracy)
7. Count II — Violation of 15 U.S.C. § 1681i (CRA — Failure to Reinvestigate)
8. Count III — Violation of 15 U.S.C. § 1681s-2(b) (Furnisher — Failure to Investigate After Notice)
9. Count IV — Violation of the Colorado Consumer Credit Reporting Act (C.R.S. § 5-18-101 et seq.)
10. Count V — Violation of the Colorado Consumer Protection Act (C.R.S. § 6-1-105)
11. Damages
12. Prayer for Relief
13. Jury Demand
14. Signature Block
15. Verification
16. Certificate of Service
17. Colorado Practice Notes
18. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

CIVIL ACTION NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

(Violations of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; the Colorado Consumer Credit Reporting Act, C.R.S. § 5-18-101 et seq.; and the Colorado Consumer Protection Act, C.R.S. § 6-1-101 et seq.)

2. INTRODUCTION

1. This is a consumer-protection action under the federal Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., the Colorado Consumer Credit Reporting Act ("CCCRA"), C.R.S. § 5-18-101 et seq., and the Colorado Consumer Protection Act ("CCPA"), C.R.S. § 6-1-101 et seq., arising from Defendants' reporting of inaccurate information about Plaintiff and their failure to conduct a reasonable reinvestigation after Plaintiff disputed that information.

2. Congress enacted the FCRA "to require that consumer reporting agencies adopt reasonable procedures" that are "fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization" of consumer credit information. 15 U.S.C. § 1681(b).

3. Defendant [CONSUMER REPORTING AGENCY] (the "CRA") is a "consumer reporting agency" within the meaning of 15 U.S.C. § 1681a(f). Defendant [FURNISHER] is a "person" who "furnishes information to" consumer reporting agencies within the meaning of 15 U.S.C. § 1681s-2.

4. Plaintiff seeks actual damages, statutory damages, punitive damages for willful noncompliance, treble damages where authorized by Colorado law, declaratory and injunctive relief, and reasonable attorney fees and costs.

3. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over the FCRA claims pursuant to 15 U.S.C. § 1681p and 28 U.S.C. § 1331, which confer federal-question jurisdiction and provide that an action to enforce liability under the FCRA may be brought "in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction." 15 U.S.C. § 1681p.

6. This Court has supplemental jurisdiction over the Colorado state-law claims pursuant to 28 U.S.C. § 1367(a) because they form part of the same case or controversy.

7. Venue is proper in this District under 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to the claims occurred here, Plaintiff resides in [____] County, Colorado, and Defendants regularly transact business here.

8. Personal jurisdiction is proper because Defendants regularly conduct business in Colorado and directed the conduct complained of at Plaintiff in Colorado.

4. PARTIES

9. Plaintiff [PLAINTIFF NAME] is a natural person residing in [CITY], [____] County, Colorado, and is a "consumer" within the meaning of 15 U.S.C. § 1681a(c) and C.R.S. § 5-18-103.

10. Defendant [CONSUMER REPORTING AGENCY] is a [corporation / LLC] organized under the laws of [STATE] that, for monetary fees or dues, regularly engages in the practice of assembling or evaluating consumer credit information for the purpose of furnishing consumer reports to third parties, and is a "consumer reporting agency" within the meaning of 15 U.S.C. § 1681a(f) and a "consumer reporting agency" within the meaning of C.R.S. § 5-18-103. The CRA regularly does business in Colorado.

11. Defendant [FURNISHER / CREDITOR / DEBT COLLECTOR] is a [corporation / LLC] organized under the laws of [STATE] that regularly furnishes information relating to consumers to one or more consumer reporting agencies and is a "furnisher" subject to 15 U.S.C. § 1681s-2.

5. FACTUAL ALLEGATIONS

12. The inaccurate item. Plaintiff's consumer file maintained by the CRA contains the following inaccurate information (the "Disputed Item"): [DESCRIBE — e.g., a [CREDITOR] account reported as charged-off / past due / belonging to Plaintiff that Plaintiff never opened / reporting an incorrect balance of $[AMOUNT] / reporting late payments that did not occur on [DATE(S)]].

13. The Disputed Item is inaccurate and/or materially misleading because [STATE THE TRUTH — e.g., the account was paid in full on [DATE]; the account does not belong to Plaintiff and resulted from identity theft; the balance is $0; Plaintiff was never late].

14. The written dispute to the CRA. On or about [__/__/____], Plaintiff sent the CRA a written dispute identifying the Disputed Item, explaining why it is inaccurate, and enclosing supporting documentation. A true and correct copy of the dispute (and proof of delivery) is attached as Exhibit A.

15. The dispute was not frivolous or irrelevant within the meaning of 15 U.S.C. § 1681i(a)(3) and C.R.S. § 5-18-110(3); it identified the specific item, the basis for the dispute, and the corrected information.

16. The CRA's failed reinvestigation. Upon receiving Plaintiff's dispute, the CRA was required under 15 U.S.C. § 1681i(a) and C.R.S. § 5-18-110 to conduct a reasonable reinvestigation, to forward all relevant information to the furnisher, and to delete or modify any information it could not verify as accurate. The CRA failed to do so. Instead, the CRA [parroted the furnisher's verification without independent review / failed to forward Plaintiff's documentation / "verified" the Disputed Item as accurate / failed to respond within thirty (30) business days], and the Disputed Item remained on Plaintiff's report unchanged.

17. The furnisher's failed investigation. Upon information and belief, the CRA forwarded notice of Plaintiff's dispute to the furnisher pursuant to 15 U.S.C. § 1681i(a)(2). Under 15 U.S.C. § 1681s-2(b), the furnisher was then required to conduct its own investigation, review all relevant information provided by the CRA, report the results to the CRA, and — if the information was found inaccurate or incomplete — modify, delete, or permanently block the reporting and notify all CRAs to which it had furnished the information. The furnisher failed to conduct a reasonable investigation and continued to verify and report the inaccurate Disputed Item.

18. The harm. As a direct and proximate result of Defendants' conduct, Plaintiff suffered actual damages, including [denial of credit / a higher interest rate / a reduced credit limit / denial of housing or employment / lost time and out-of-pocket expense / emotional distress, anxiety, embarrassment, and humiliation / damage to credit reputation].

6. COUNT I — VIOLATION OF 15 U.S.C. § 1681e(b) (CRA — FAILURE TO FOLLOW REASONABLE PROCEDURES FOR ACCURACY)

19. Plaintiff incorporates Paragraphs 1–18.

20. The CRA prepared and published one or more consumer reports concerning Plaintiff that contained the inaccurate Disputed Item.

21. The CRA violated 15 U.S.C. § 1681e(b) by failing to follow reasonable procedures to assure the maximum possible accuracy of the information in the consumer reports it prepared concerning Plaintiff.

22. The CRA's conduct was willful (15 U.S.C. § 1681n) or, in the alternative, negligent (15 U.S.C. § 1681o), entitling Plaintiff to the remedies set forth in Section 11 below.

7. COUNT II — VIOLATION OF 15 U.S.C. § 1681i (CRA — FAILURE TO REINVESTIGATE)

23. Plaintiff incorporates Paragraphs 1–18.

24. After receiving Plaintiff's dispute, the CRA failed to conduct a reasonable reinvestigation of the Disputed Item, failed to review and consider all relevant information submitted by Plaintiff, failed to forward all relevant information to the furnisher, and failed to delete or modify information that could not be verified, in violation of 15 U.S.C. § 1681i(a).

25. The CRA further failed to provide Plaintiff with timely written notice of the results of any reinvestigation as required by 15 U.S.C. § 1681i(a)(6).

26. The CRA's conduct was willful (15 U.S.C. § 1681n) or, in the alternative, negligent (15 U.S.C. § 1681o).

8. COUNT III — VIOLATION OF 15 U.S.C. § 1681s-2(b) (FURNISHER — FAILURE TO INVESTIGATE AFTER NOTICE)

27. Plaintiff incorporates Paragraphs 1–18.

28. Upon receiving notice of Plaintiff's dispute from the CRA pursuant to 15 U.S.C. § 1681i(a)(2), the furnisher was obligated under 15 U.S.C. § 1681s-2(b) to (a) conduct a reasonable investigation of the disputed information; (b) review all relevant information provided by the CRA; (c) report the results of the investigation to the CRA; and (d) if the information was incomplete or inaccurate, report those results to all other CRAs to which it had furnished the information and modify, delete, or permanently block the inaccurate information.

29. The furnisher failed to perform one or more of these duties and continued to report the inaccurate Disputed Item, in violation of 15 U.S.C. § 1681s-2(b).

30. The furnisher's conduct was willful (15 U.S.C. § 1681n) or, in the alternative, negligent (15 U.S.C. § 1681o).

9. COUNT IV — VIOLATION OF THE COLORADO CONSUMER CREDIT REPORTING ACT (C.R.S. § 5-18-101 et seq.)

31. Plaintiff incorporates Paragraphs 1–18.

32. The CRA is a "consumer reporting agency" subject to the Colorado Consumer Credit Reporting Act, C.R.S. § 5-18-101 et seq.

33. After Plaintiff disputed the completeness or accuracy of the Disputed Item directly with the CRA, the CRA was required under C.R.S. § 5-18-110 to reinvestigate the item free of charge, to record the current status of the disputed information within thirty (30) business days, to provide notice of the dispute to the furnisher within five (5) business days, and — if the item was inaccurate or could not be verified — to promptly delete it and provide written notice of the results.

34. The CRA failed to comply with C.R.S. § 5-18-110, and Plaintiff has followed all dispute procedures in C.R.S. § 5-18-110 and received (or was denied) the notice specified in C.R.S. § 5-18-110(6), giving rise to Plaintiff's right to file this action under C.R.S. § 5-18-116.

35. Pursuant to C.R.S. § 5-18-117, the CRA is liable for: (a) for a willful violation, three times the amount of actual damages or one thousand dollars ($1,000), whichever is greater, for each inaccurate entry, plus reasonable attorney fees and costs; or (b) for a negligent violation, the greater of actual damages or one thousand dollars ($1,000) for each inaccurate entry affecting creditworthiness, plus reasonable attorney fees and costs.

10. COUNT V — VIOLATION OF THE COLORADO CONSUMER PROTECTION ACT (C.R.S. § 6-1-105)

36. Plaintiff incorporates Paragraphs 1–18.

37. In the course of its business, vocation, or occupation, Defendant [FURNISHER / CRA] engaged in a deceptive trade practice within the meaning of C.R.S. § 6-1-105, including by knowingly or recklessly making a false representation as to the characteristics or status of the Disputed Item and/or failing to disclose material information concerning the Disputed Item.

38. Defendant's conduct significantly impacts the public as actual or potential consumers of Defendant's services. Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003). Defendant's standardized, unlawful reporting and verification practices have been or will be directed at numerous Colorado consumers similarly situated to Plaintiff.

39. Plaintiff suffered injury in fact to a legally protected interest as a result of Defendant's deceptive conduct.

40. Pursuant to C.R.S. § 6-1-113, Plaintiff is entitled to the greater of actual damages or $500; three times actual damages on clear and convincing evidence of bad-faith conduct; and costs and reasonable attorney fees.

11. DAMAGES

41. Actual damages. Plaintiff suffered actual damages including economic loss (denial of or increased cost of credit), out-of-pocket expense, lost time, and emotional distress, anxiety, embarrassment, and humiliation, in an amount to be proven at trial.

42. Statutory damages (willful — FCRA). For each willful violation, statutory damages of not less than $100 and not more than $1,000 per 15 U.S.C. § 1681n(a)(1)(A).

43. Punitive damages (willful — FCRA). Such amount as the Court may allow for willful noncompliance per 15 U.S.C. § 1681n(a)(2).

44. Actual damages (negligent — FCRA). Actual damages sustained as a result of any negligent noncompliance per 15 U.S.C. § 1681o(a)(1).

45. Colorado statutory damages. Treble damages or $1,000, whichever is greater, for willful CCCRA violations, and the greater of actual damages or $1,000 for negligent violations, per C.R.S. § 5-18-117; and the greater of actual damages or $500 (and treble damages for bad faith) under the CCPA per C.R.S. § 6-1-113.

46. Attorney fees and costs. Reasonable attorney fees and costs under 15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2), C.R.S. § 5-18-117, and C.R.S. § 6-1-113.

47. Equitable relief. Declaratory and injunctive relief directing deletion or correction of the Disputed Item and enjoining further inaccurate reporting.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants for:

• A. Actual damages in an amount to be proven at trial;
• B. Statutory damages of $100 to $1,000 per willful violation under 15 U.S.C. § 1681n(a)(1)(A);
• C. Punitive damages under 15 U.S.C. § 1681n(a)(2);
• D. Treble damages or $1,000 (whichever is greater) per inaccurate entry for willful CCCRA violations, and the greater of actual damages or $1,000 for negligent violations, under C.R.S. § 5-18-117;
• E. Damages and treble damages under the CCPA, C.R.S. § 6-1-113;
• F. Declaratory and injunctive relief directing deletion or correction of the Disputed Item;
• G. Reasonable attorney fees and costs under 15 U.S.C. §§ 1681n and 1681o, C.R.S. § 5-18-117, and C.R.S. § 6-1-113;
• H. Pre- and post-judgment interest as allowed by law; and
• I. Such other and further relief as the Court deems just and proper.

13. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38(b) (and C.R.C.P. 38 if filed in Colorado district court).

14. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Colorado Atty. Reg. No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

15. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the United States and the State of Colorado 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.

Date: [__/__/____]

[________________________________]

[PLAINTIFF NAME]

16. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL upon Defendants by [the Court's CM/ECF system / Colorado Courts E-Filing / certified mail, return receipt requested / personal service on each Defendant's registered agent] at the addresses below:

[SERVICE LIST — registered agent for each Defendant]

[________________________________]

[ATTORNEY NAME]

17. COLORADO PRACTICE NOTES

• Concurrent jurisdiction. FCRA claims may be filed in U.S. District Court for the District of Colorado or in Colorado district court. 15 U.S.C. § 1681p. Federal court is generally preferred for its body of FCRA precedent; state court keeps the CCCRA and CCPA claims in their home forum but invites removal.
• FCRA limitations. Suit must be brought within the earlier of (a) 2 years after the date the plaintiff discovers the violation, or (b) 5 years after the date the violation occurs. 15 U.S.C. § 1681p.
• Furnisher liability is § 1681s-2(b) only. There is no private right of action under § 1681s-2(a). To reach a furnisher, plead and prove that the consumer disputed through a CRA and that the CRA forwarded notice to the furnisher; a direct dispute to the furnisher alone is insufficient.
• CCCRA reaches CRAs, not furnishers. C.R.S. § 5-18-117 imposes liability on a "consumer reporting agency." Use the federal § 1681s-2(b) count for furnisher misconduct; use the CCCRA count against the CRA. The CCCRA requires the consumer to exhaust the § 5-18-110 dispute process and receive the § 5-18-110(6) notice before suing under § 5-18-116.
• CCCRA damages escalate. Under C.R.S. § 5-18-117(3), if the file is still uncorrected 10 days after judgment, damages increase to $1,000 per day per inaccurate entry until corrected — preserve evidence of continued reporting post-judgment.
• CCPA public impact and pre-emption. A private CCPA claim requires a "significant public impact" (Rhino Linings, 62 P.3d 142; Hall v. Walter, 969 P.2d 224 (Colo. 1998)). Separately analyze FCRA pre-emption under 15 U.S.C. § 1681t and § 1681h(e) before relying on the CCPA count for inaccurate-reporting conduct.
• CCPA limitations. 3 years from discovery, C.R.S. § 6-1-115.
• Evidence to preserve. The disputed report(s), the written dispute and proof of delivery, the CRA's reinvestigation result, the ACDV/e-OSCAR records, and post-dispute reports showing the item remained.
• Mixed-file and identity-theft cases. Where the Disputed Item results from identity theft or a mixed file, consider the § 1681c-2 block procedure and the CCCRA block procedure (C.R.S. § 5-18-111) in addition to these counts.

18. SOURCES AND REFERENCES

• 15 U.S.C. § 1681 et seq. (FCRA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III
• 15 U.S.C. § 1681e (compliance procedures / accuracy) — https://www.law.cornell.edu/uscode/text/15/1681e
• 15 U.S.C. § 1681i (reinvestigation) — https://www.law.cornell.edu/uscode/text/15/1681i
• 15 U.S.C. § 1681s-2 (furnisher responsibilities) — https://www.law.cornell.edu/uscode/text/15/1681s-2
• 15 U.S.C. § 1681n / § 1681o (civil liability) — https://www.law.cornell.edu/uscode/text/15/1681n
• 15 U.S.C. § 1681p (jurisdiction and limitations) — https://www.law.cornell.edu/uscode/text/15/1681p
• C.R.S. § 5-18-101 et seq. (Colorado Consumer Credit Reporting Act) — https://law.justia.com/codes/colorado/title-5/debt-management/article-18/
• C.R.S. § 5-18-110 (procedure for disputed information) — https://law.justia.com/codes/colorado/title-5/debt-management/article-18/section-5-18-110/
• C.R.S. § 5-18-116 (right to file action) — https://law.justia.com/codes/colorado/title-5/debt-management/article-18/section-5-18-116/
• C.R.S. § 5-18-117 (violations) — https://law.justia.com/codes/colorado/title-5/debt-management/article-18/section-5-18-117/
• C.R.S. Title 6, Article 1 (Colorado Consumer Protection Act) — https://leg.colorado.gov/
• 12 C.F.R. Part 1022 (Regulation V — Fair Credit Reporting) — https://www.consumerfinance.gov/rules-policy/regulations/1022/
• Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc., 62 P.3d 142 (Colo. 2003)
• Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (2007) (FCRA willfulness standard)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado must review and customize this document before filing. Statutory citations, damage caps, and pre-emption doctrine change; verify all authorities at leg.colorado.gov and law.cornell.edu before use.