FCRA Credit Report Dispute Complaint

COMPLAINT — FAIR CREDIT REPORTING ACT AND DELAWARE CONSUMER FRAUD ACT — DELAWARE

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 Delaware Consumer Fraud Act (6 Del. C. § 2513)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature Block
14. Verification
15. Certificate of Service
16. Delaware Practice Notes
17. Sources and References

1. CAPTION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR DAMAGES (FCRA AND DELAWARE CONSUMER FRAUD ACT) AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

1. This is an action under the federal Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., and the Delaware Consumer Fraud Act ("DCFA"), 6 Del. C. §§ 2511–2527, 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) and a "consumer reporting agency" within the meaning of 6 Del. C. § 2202. 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, declaratory and injunctive relief, and reasonable attorney's 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 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 Delaware 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)(2) because a substantial part of the events giving rise to the claims occurred in this District, including the reporting directed to Plaintiff at Plaintiff's residence in [NEW CASTLE / KENT / SUSSEX] County, Delaware.

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

4. PARTIES

9. Plaintiff [PLAINTIFF NAME] is a natural person residing in [CITY], [NEW CASTLE / KENT / SUSSEX] County, Delaware, and is a "consumer" within the meaning of 15 U.S.C. § 1681a(c).

10. Defendant [CONSUMER REPORTING AGENCY] is a [corporation / LLC] organized under the laws of [STATE] that, for monetary fees or dues, regularly assembles or evaluates 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" subject to Delaware's Credit and Identity Theft Protection chapter, 6 Del. C. ch. 22. The CRA regularly does business in Delaware.

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); 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) 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) 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 10 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 DELAWARE CONSUMER FRAUD ACT (6 Del. C. § 2513)

31. Plaintiff incorporates Paragraphs 1–18.

32. The DCFA prohibits "the use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression, or omission, in connection with the sale, lease or advertisement of any merchandise." 6 Del. C. § 2513(a).

33. Defendants' conduct — reporting and verifying inaccurate credit information about Plaintiff, and concealing or omitting material facts concerning the inaccuracy of the Disputed Item in connection with consumer reports furnished to and used by third parties — constitutes deception, misrepresentation, and the concealment or omission of material fact within the meaning of 6 Del. C. § 2513(a).

34. Pursuant to 6 Del. C. § 2525, a private cause of action is available to any victim of a violation of Subchapter II of the DCFA without the need for prior action by the Attorney General.

35. As a direct and proximate result of Defendants' unlawful practices, Plaintiff has suffered actual damages including economic loss, out-of-pocket expense, lost time, emotional distress, and harm to credit reputation.

10. DAMAGES

36. 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.

37. FCRA statutory damages (willful). 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).

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

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

40. DCFA damages. Actual damages and any further relief available under 6 Del. C. §§ 2513 and 2525, including, where supported by an independent basis such as fraud, punitive damages.

41. Attorney's fees and costs. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2).

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

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants as follows:

• 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. Damages and any further relief available under the Delaware Consumer Fraud Act, 6 Del. C. §§ 2513 and 2525;
• E. Declaratory and injunctive relief directing deletion or correction of the Disputed Item;
• F. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n and 1681o;
• G. Pre-judgment and post-judgment interest at the legal rate; and
• H. Such other and further relief as the Court deems just and proper.

12. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Fed. R. Civ. P. 38(b).

13. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Delaware Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

14. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury 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]

15. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing COMPLAINT to be served upon Defendants by [CM/ECF / certified mail, return receipt requested / personal service on each Defendant's registered agent] at the addresses listed below:

[SERVICE LIST — registered agent for each Defendant]

[________________________________]

[ATTORNEY NAME]

16. DELAWARE PRACTICE NOTES

• Concurrent jurisdiction. FCRA claims may be filed in U.S. District Court for the District of Delaware (J. Caleb Boggs Federal Building, 844 N. King St., Wilmington, DE 19801) or in Delaware Superior Court. 15 U.S.C. § 1681p.
• FCRA limitations. The earlier of 2 years after discovery or 5 years after the violation. 15 U.S.C. § 1681p.
• No comprehensive mini-FCRA damages statute. Delaware regulates credit reporting principally through the Credit and Identity Theft Protection chapter, 6 Del. C. ch. 22 (security freeze in § 2203). The Delaware Consumer Statement of Rights confirms the consumer's right to bring a civil action against a CRA that violates the credit-reporting laws. For UDAP-style damages, rely on the Delaware Consumer Fraud Act, 6 Del. C. § 2513, with its private right of action under § 2525.
• Furnisher liability is § 1681s-2(b) only. No private right of action exists under § 1681s-2(a). Plead and prove the consumer disputed through a CRA and the CRA forwarded notice to the furnisher.
• DCFA limitations. 3 years under 10 Del. C. § 8106 (residual statute).
• FCRA pre-emption. Analyze 15 U.S.C. § 1681t(b)(1)(F) and § 1681h(e) before relying on the DCFA count for inaccurate-reporting conduct; § 1681h(e) preserves state claims only for false information furnished with malice or willful intent to injure.
• Security-freeze / identity-theft overlay. Where the Disputed Item results from identity theft, consider the federal § 1681c-2 block and the Delaware security-freeze provisions of 6 Del. C. § 2203 in addition to these counts.
• 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.

17. 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
• 6 Del. C. ch. 22 (Credit and Identity Theft Protection — security freeze) — https://delcode.delaware.gov/title6/c022/index.html
• 6 Del. C. § 2203 (security freeze) — https://law.justia.com/codes/delaware/title-6/chapter-22/section-2203/
• 6 Del. C. ch. 25, Subchapter II (Delaware Consumer Fraud Act) — https://delcode.delaware.gov/title6/c025/sc02/index.html
• 10 Del. C. § 8106 (3-year limitations period) — https://delcode.delaware.gov/title10/c081/index.html
• 12 C.F.R. Part 1022 (Regulation V — Fair Credit Reporting) — https://www.consumerfinance.gov/rules-policy/regulations/1022/
• Delaware Attorney General Consumer Protection — https://attorneygeneral.delaware.gov/fraud/cpu/
• 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 Delaware must review and customize this document before filing. Statutory citations, court rules, and pre-emption doctrine change frequently; verify all authorities at delcode.delaware.gov and law.cornell.edu before use.