FCRA Credit Report Dispute Complaint - Florida

COMPLAINT — FAIR CREDIT REPORTING ACT AND FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT — FLORIDA

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 Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201 et seq.)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature Block
14. Verification
15. Service of Process After Filing
16. Florida Practice Notes
17. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[MIDDLE / SOUTHERN / NORTHERN] DISTRICT OF FLORIDA

CIVIL ACTION NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

1. This is a consumer-protection action under the federal Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., and the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.201 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) and a "consumer reporting agency" within the meaning of Fla. Stat. § 501.005. 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 court 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 Florida state-law claim pursuant to 28 U.S.C. § 1367(a) because it forms 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, Florida, and Defendants regularly transact business here.

8. Personal jurisdiction is proper under Fla. Stat. § 48.193 because Defendants regularly conduct business in Florida and directed the conduct complained of at Plaintiff in Florida.

4. PARTIES

9. Plaintiff [PLAINTIFF NAME] is a natural person residing in [CITY], [____] County, Florida, and is a "consumer" within the meaning of 15 U.S.C. § 1681a(c) and Fla. Stat. § 501.203(7).

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 Fla. Stat. § 501.005. The CRA regularly does business in Florida.

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, forward the relevant information required by the section, and delete or modify inaccurate, incomplete, or unverifiable information. The ordinary 30-day period is subject to § 1681i(a)(1)(B)-(C)'s limited extension of no more than 15 days. The CRA failed to perform the following selected duty: [identify the duty, dates, extension facts, and supporting evidence], and the Disputed Item remained on Plaintiff's report.

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 FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (Fla. Stat. § 501.201 et seq.)

31. Plaintiff incorporates Paragraphs 1–18.

32. FDUTPA declares unlawful "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce." Fla. Stat. § 501.204(1). FDUTPA is to be "construed liberally" to protect the consuming public. Fla. Stat. § 501.202.

33. Separately from the reporting and dispute-response conduct alleged in Counts I–III, Defendant [NAME] engaged in the following trade or commerce conduct: [DESCRIBE SPECIFIC INDEPENDENT ACTS, DATES, AND TRANSACTION].

34. The conduct identified in Paragraph 33 was unfair or deceptive within the meaning of Fla. Stat. § 501.204 because [STATE FACTS SHOWING THE UNFAIR OR DECEPTIVE PRACTICE AND WHY IT IS DISTINCT FROM THE FCRA COUNTS].

35. As a direct and proximate result, Plaintiff suffered actual damages recoverable under Fla. Stat. § 501.211(2) and seeks a discretionary award of attorney's fees and court costs under § 501.2105 if Plaintiff prevails.

36. Plaintiff is also entitled to declaratory and injunctive relief under Fla. Stat. § 501.211(1).

10. DAMAGES

37. 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.

38. FCRA statutory damages (willful). For proven willful noncompliance, actual damages or statutory damages of not less than $100 and not more than $1,000 under 15 U.S.C. § 1681n(a)(1)(A). The subsection does not state a per-violation multiplier.

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

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

41. FDUTPA actual damages. Actual damages under Fla. Stat. § 501.211(2).

42. Attorney's fees and costs. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2) and Fla. Stat. §§ 501.211(2) and 501.2105.

43. Equitable relief under the separately pleaded Florida claim, if supported. Declaratory or injunctive relief must rest on Fla. Stat. § 501.211(1) and the proven state-law claim; no private injunction is attributed here to 15 U.S.C. §§ 1681n or 1681o.

11. 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 for willful noncompliance under 15 U.S.C. § 1681n(a)(1)(A), which does not state a per-violation multiplier;
• C. Punitive damages under 15 U.S.C. § 1681n(a)(2);
• D. Actual damages under FDUTPA, Fla. Stat. § 501.211(2);
• E. Declaratory and injunctive relief directing deletion or correction of the Disputed Item (Fla. Stat. § 501.211(1));
• F. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n and 1681o and Fla. Stat. §§ 501.211(2) and 501.2105;
• G. Pre- and post-judgment interest as allowed by law; 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) (or Fla. R. Civ. P. 1.430 if filed in Florida state court).

13. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

14. VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing Complaint and that the facts stated in it are true.

Date: [__/__/____]

[________________________________]

[PLAINTIFF NAME]

15. SERVICE OF PROCESS AFTER FILING

For a federal filing, obtain a separate issued summons for each defendant and arrange service of each summons with this complaint under Fed. R. Civ. P. 4(c) and 4(h), or request a waiver under Rule 4(d). Unless service is waived, file the server's proof of service under Rule 4(l). Electronic filing of the complaint does not serve initial process on a defendant. For a Florida state-court filing, use the applicable Florida summons and service procedure.

16. FLORIDA PRACTICE NOTES

• Concurrent jurisdiction. FCRA claims may be filed in an appropriate U.S. District Court (Northern, Middle, or Southern District of Florida) or a Florida court with jurisdiction. 15 U.S.C. § 1681p. For an ordinary damages action filed now, the Florida county court has jurisdiction when the amount in controversy does not exceed $50,000, excluding interest, costs, and attorney fees; circuit court handles actions at law outside county court jurisdiction. Fla. Stat. §§ 34.01(1)(c)3., 26.012(2)(a). Check the requested relief and court jurisdiction before choosing the state-court caption; federal removal may follow a state-court filing.
• FCRA limitations. The earlier of 2 years after discovery or 5 years after the violation. 15 U.S.C. § 1681p.
• No comprehensive mini-FCRA. Florida has no state credit-reporting statute with a private damages remedy parallel to the FCRA; it regulates security freezes in Fla. Stat. § 501.005. Rely on the federal FCRA counts plus FDUTPA.
• FDUTPA remedies are limited. FDUTPA permits actual damages plus attorney's fees and court costs (Fla. Stat. §§ 501.211(2), 501.2105) but NOT punitive or consequential damages. Rollins, Inc. v. Heller, 454 So. 2d 580 (Fla. 3d DCA 1984); Diversified Mgmt. Sols., Inc. v. Control Sys. Research, Inc. line of authority. The FCRA counts carry the statutory and punitive damages.
• 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.
• Security-freeze overlay. Where the Disputed Item results from identity theft, consider the federal § 1681c-2 block and Florida's security freeze, Fla. Stat. § 501.005, in addition to these counts.
• FDUTPA limitations. 4 years (Fla. Stat. § 95.11(3)).
• FCRA pre-emption. Analyze 15 U.S.C. § 1681t(b)(1)(F) and § 1681h(e) before relying on the FDUTPA count for inaccurate-reporting conduct.
• 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
• Fla. Stat. § 501.201 et seq. (FDUTPA) — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/0501.html
• Fla. Stat. § 501.211 (other individual remedies) — https://www.flsenate.gov/Laws/Statutes/2024/501.211
• Fla. Stat. § 501.2105 (attorney's fees) — https://www.flsenate.gov/Laws/Statutes/2024/501.2105
• Fla. Stat. § 501.005 (consumer report security freeze) — https://www.flsenate.gov/Laws/Statutes/2024/501.005
• 12 C.F.R. Part 1022 (Regulation V — Fair Credit Reporting) — https://www.consumerfinance.gov/rules-policy/regulations/1022/
• Rollins, Inc. v. Heller, 454 So. 2d 580 (Fla. 3d DCA 1984) (FDUTPA actual-damages measure)
• 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 Florida must review and customize this document before filing. Statutory citations and pre-emption doctrine change; verify all authorities at leg.state.fl.us and law.cornell.edu before use.