FCRA Credit Report Dispute Complaint

COMPLAINT — FAIR CREDIT REPORTING ACT (FCRA) + GEORGIA FAIR BUSINESS PRACTICES ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. FBPA Pre-Suit Demand Compliance
7. Count I — Violation of FCRA § 1681e(b) (CRA — Reasonable Procedures)
8. Count II — Violation of FCRA § 1681i (CRA — Failure to Reinvestigate)
9. Count III — Violation of FCRA § 1681s-2(b) (Furnisher — Failure to Investigate)
10. Count IV — Violation of the Georgia Fair Business Practices Act
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Signature and Service Blocks
15. Verification
16. Georgia Practice Notes
17. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

[NORTHERN / MIDDLE / SOUTHERN] DISTRICT OF GEORGIA

[__________________] DIVISION

CIVIL ACTION FILE NO. [________________________________]

COMPLAINT FOR DAMAGES (FCRA + GEORGIA FBPA) — JURY TRIAL DEMANDED

2. INTRODUCTION

2.1. This is a consumer protection action arising under the federal Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., and the Georgia Fair Business Practices Act ("FBPA"), O.C.G.A. § 10-1-390 et seq.

2.2. Plaintiff alleges that Defendant [CRA], a consumer reporting agency, prepared and disseminated consumer reports containing inaccurate information about Plaintiff, failed to follow reasonable procedures to assure maximum possible accuracy, and failed to conduct a reasonable reinvestigation after Plaintiff disputed the inaccurate information.

2.3. Plaintiff further alleges that Defendant [FURNISHER], a furnisher of information to consumer reporting agencies, failed to conduct a reasonable investigation of Plaintiff's dispute after receiving notice of it from the CRA, and continued to report inaccurate information about Plaintiff.

2.4. Plaintiff seeks actual damages, statutory damages, punitive damages for willful noncompliance, treble damages on intentional FBPA violations, equitable relief, and reasonable attorney's fees and costs.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over the FCRA claims pursuant to 15 U.S.C. § 1681p and 28 U.S.C. § 1331. Under 15 U.S.C. § 1681p, FCRA claims 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; federal and state courts have concurrent jurisdiction.

3.2. The Court has supplemental jurisdiction over the Georgia FBPA claim pursuant to 28 U.S.C. § 1367(a) because that claim arises from the same case or controversy as the federal claims.

3.3. Venue is proper in this District under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims occurred in this District and/or because one or more Defendants reside or transact business here. Plaintiff resides in [COUNTY] County, Georgia.

4. PARTIES

4.1. Plaintiff [PLAINTIFF NAME] is a natural person and a "consumer" within the meaning of 15 U.S.C. § 1681a(c), residing in [COUNTY] County, Georgia.

4.2. Defendant [CRA NAME] is a "consumer reporting agency" within the meaning of 15 U.S.C. § 1681a(f) because, for monetary fees or on a cooperative nonprofit basis, it regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information for the purpose of furnishing consumer reports to third parties. It is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and is registered to do or does business in Georgia.

4.3. Defendant [FURNISHER NAME] is a "person" who furnishes information to consumer reporting agencies within the meaning of 15 U.S.C. § 1681s-2. It is a [corporation/LLC/bank/collection agency] organized under the laws of [STATE] with its principal place of business at [ADDRESS].

4.4. The information at issue is contained in a "consumer report" and "file" within the meaning of 15 U.S.C. § 1681a(d) and § 1681a(g).

5. FACTUAL ALLEGATIONS

5.1. Defendant [CRA] prepared and issued one or more consumer reports concerning Plaintiff to third parties, including [CREDITORS / LENDERS / EMPLOYERS / LANDLORDS], on or about [DATE(S)].

5.2. Those consumer reports contained the following inaccurate information (the "Inaccurate Item"):

• Furnisher / Account Name: [NAME]
• Account Number (last 4): [####]
• What the report inaccurately states: [e.g., account is past due / charged off / balance of $[AMOUNT] / late payments on [DATES] / account belongs to Plaintiff]
• What is true and accurate: [e.g., account was paid in full / never belonged to Plaintiff / discharged in bankruptcy / never late]

5.3. The Inaccurate Item is materially false and has damaged, or is reasonably likely to damage, Plaintiff's credit score, creditworthiness, and reputation.

5.4. On or about [__/__/____], Plaintiff sent a written dispute to Defendant [CRA] by [certified mail, return receipt requested / the CRA's online dispute portal], identifying the Inaccurate Item, explaining the basis of the dispute, and enclosing supporting documentation. A true and correct copy of the dispute is attached as Exhibit A.

5.5. Plaintiff's dispute was not frivolous or irrelevant within the meaning of 15 U.S.C. § 1681i(a)(3), and Plaintiff provided all information reasonably necessary to investigate it.

5.6. Upon receiving Plaintiff's dispute, Defendant [CRA] was required by 15 U.S.C. § 1681i(a)(2) to provide notice of the dispute, together with all relevant information, to Defendant [FURNISHER] within five business days, and to complete a reasonable reinvestigation within 30 days (extendable by no more than 15 additional days).

5.7. Upon receiving notice of the dispute from the CRA, Defendant [FURNISHER] was required by 15 U.S.C. § 1681s-2(b) to conduct an investigation, review all relevant information provided by the CRA, report the results to the CRA, and — if the information was found to be inaccurate or incomplete — correct, delete, or permanently block the reporting of that information to all CRAs.

5.8. Despite Plaintiff's dispute, Defendants [failed to delete or correct the Inaccurate Item / "verified" the Inaccurate Item without conducting a reasonable investigation / continued to report the Inaccurate Item]. Defendant [CRA] issued the results of its reinvestigation on or about [DATE], [continuing to report the Inaccurate Item / making no meaningful change].

5.9. Defendants' reinvestigation and investigation were unreasonable. A reasonable investigation would have readily revealed that the Inaccurate Item was false, because [e.g., Plaintiff enclosed a paid-in-full letter / a bankruptcy discharge order / an identity-theft report / account statements showing timely payment].

5.10. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered actual damages, including [denial of credit / increased interest rates / a lower credit score / denial of housing or employment / emotional distress, anxiety, and humiliation / lost time / out-of-pocket costs for postage, copying, and credit monitoring].

5.11. Defendants acted willfully, or in reckless disregard of Plaintiff's rights under the FCRA, in that they [continued to report information they knew or should have known was inaccurate / failed to maintain or follow reasonable dispute-handling procedures / conducted only a perfunctory, automated reinvestigation].

6. FBPA PRE-SUIT DEMAND COMPLIANCE

6.1. On [__/__/____] — at least 30 days before filing — Plaintiff, by and through undersigned counsel, delivered a written demand for relief to each Defendant subject to the demand requirement pursuant to O.C.G.A. § 10-1-399(b). A true and correct copy of the demand letter is attached as Exhibit B.

6.2. The demand letter identified Plaintiff as the claimant, reasonably described the unfair or deceptive acts or practices complained of, and described the injury suffered.

6.3. More than 30 days have elapsed since delivery of the demand letter. Defendant(s) have [failed to respond / made an inadequate settlement tender / refused all relief], and Plaintiff is therefore entitled to proceed on the FBPA count.

6.4. Within 20 days after filing this Complaint, Plaintiff will serve the Georgia Attorney General by certified or registered mail or statutory overnight delivery with a copy of this Complaint, as required by O.C.G.A. § 10-1-399(g). Plaintiff will also serve any amended complaint within 20 days after it is filed.

7. COUNT I — VIOLATION OF FCRA § 1681e(b) (CRA — REASONABLE PROCEDURES)

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.11.

7.2. Pursuant to 15 U.S.C. § 1681e(b), 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."

7.3. Defendant [CRA] violated § 1681e(b) by preparing and publishing consumer reports containing the Inaccurate Item, and by failing to follow reasonable procedures to assure maximum possible accuracy of the information it reported about Plaintiff.

7.4. Defendant [CRA]'s violation was negligent within the meaning of 15 U.S.C. § 1681o and/or willful within the meaning of 15 U.S.C. § 1681n.

8. COUNT II — VIOLATION OF FCRA § 1681i (CRA — FAILURE TO REINVESTIGATE)

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.11.

8.2. Pursuant to 15 U.S.C. § 1681i(a), upon receiving a consumer's dispute, a consumer reporting agency must conduct a free, reasonable reinvestigation to determine whether the disputed information is inaccurate, and must record the current status of the disputed information or delete the item, before the end of the 30-day period (extendable by no more than 15 days under § 1681i(a)(1)(B)).

8.3. Defendant [CRA] violated § 1681i by [failing to conduct any reinvestigation / conducting an unreasonable reinvestigation / failing to forward all relevant information to the furnisher under § 1681i(a)(2) / failing to delete or modify information that could not be verified / failing to provide the required written results under § 1681i(a)(6)].

8.4. Defendant [CRA]'s violation was negligent within the meaning of 15 U.S.C. § 1681o and/or willful within the meaning of 15 U.S.C. § 1681n.

9. COUNT III — VIOLATION OF FCRA § 1681s-2(b) (FURNISHER — FAILURE TO INVESTIGATE)

9.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.11.

9.2. Pursuant to 15 U.S.C. § 1681i(a)(2), Defendant [CRA] provided Defendant [FURNISHER] with notice of Plaintiff's dispute, triggering the furnisher's duties under 15 U.S.C. § 1681s-2(b).

9.3. Section 1681s-2(b) is the sole subsection of § 1681s-2 enforceable through a private right of action. The duties under § 1681s-2(a) (to provide accurate information) are enforceable only by federal and state regulators; Plaintiff therefore asserts this Count solely under § 1681s-2(b).

9.4. Upon receiving notice of the dispute from the CRA, Defendant [FURNISHER] was required to (a) conduct an investigation with respect to 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 found to be inaccurate or incomplete, report those results to all other CRAs to which it furnished the information and modify, delete, or permanently block the inaccurate item.

9.5. Defendant [FURNISHER] violated § 1681s-2(b) by [failing to conduct any investigation / conducting an unreasonable, perfunctory investigation / "verifying" the Inaccurate Item as accurate when it was not / failing to correct or delete the Inaccurate Item].

9.6. Defendant [FURNISHER]'s violation was negligent within the meaning of 15 U.S.C. § 1681o and/or willful within the meaning of 15 U.S.C. § 1681n.

10. COUNT IV — VIOLATION OF THE GEORGIA FAIR BUSINESS PRACTICES ACT (O.C.G.A. § 10-1-390 et seq.)

10.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 6.3.

10.2. Defendants' acts and practices occurred within the consumer marketplace of Georgia and constitute "unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce" prohibited by O.C.G.A. § 10-1-393(a).

10.3. The unfair or deceptive acts include, without limitation, disseminating and continuing to report demonstrably false credit information about Plaintiff after a proper dispute, and misrepresenting the character, amount, status, or accuracy of Plaintiff's credit history.

10.4. Defendants' conduct was intentional within the meaning of O.C.G.A. § 10-1-399(c); Defendants knew, or in the exercise of reasonable care should have known, that the conduct violated the FBPA, and proceeded nonetheless.

10.5. Pursuant to O.C.G.A. § 10-1-399(a)–(d), Plaintiff is entitled to general damages, treble damages on intentional violations, exemplary damages, equitable injunctive relief, and reasonable attorney's fees and litigation expenses.

11. DAMAGES

11.1. Actual damages under 15 U.S.C. §§ 1681n(a)(1)(A) and 1681o(a)(1), including denial of credit, higher interest, loss of credit opportunities, emotional distress, lost time, and out-of-pocket costs, in an amount to be proven at trial.

11.2. Statutory damages of not less than $100 and not more than $1,000 per willful violation under 15 U.S.C. § 1681n(a)(1)(A).

11.3. Punitive damages for willful noncompliance under 15 U.S.C. § 1681n(a)(2).

11.4. General damages and treble damages on intentional FBPA violations under O.C.G.A. § 10-1-399(a), (c).

11.5. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2), and O.C.G.A. § 10-1-399(d).

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. Judgment against Defendants for actual damages in an amount to be determined by a jury;
• B. Statutory damages of $100 to $1,000 per Defendant for each willful FCRA violation under 15 U.S.C. § 1681n(a)(1)(A);
• C. Punitive damages under 15 U.S.C. § 1681n(a)(2);
• D. General and treble damages under O.C.G.A. § 10-1-399(a), (c);
• E. Exemplary damages as the jury may award;
• F. Equitable and injunctive relief, including an order requiring deletion or correction of the Inaccurate Item and enjoining further violations;
• G. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2) and O.C.G.A. § 10-1-399(d);
• H. Pre-judgment and post-judgment interest as allowed by law; and
• I. Such other and further relief as the Court deems just and proper.

13. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Federal Rule of Civil Procedure 38(b).

14. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Georgia Bar No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, GA ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

15. VERIFICATION

STATE OF GEORGIA

COUNTY OF [______________]

I, [PLAINTIFF NAME], being first duly sworn, state that I have read the foregoing Complaint and that the matters stated therein are true and correct to the best of my knowledge, except as to those matters stated upon information and belief, and as to those, I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Georgia

My Commission Expires: [_______________]

16. GEORGIA PRACTICE NOTES

• No private Georgia mini-FCRA. Georgia has no comprehensive state fair-credit-reporting statute with a private damages remedy for inaccurate reporting. O.C.G.A. § 10-1-913 et seq. governs only consumer-credit-report security freezes and identity-theft protection (definitions at § 10-1-913). The state-law damages theory must proceed under the FBPA; the FCRA counts carry the core of the case.
• FBPA 30-day demand is mandatory. No FBPA action may be filed until 30 days after a conforming written demand is delivered to each prospective respondent. O.C.G.A. § 10-1-399(b). The demand must identify the claimant, reasonably describe the deceptive practice, and describe the injury. Out-of-state respondents with no Georgia place of business or assets are exempt; many national CRAs and furnishers are foreign entities, so analyze each defendant's exemption individually.
• FBPA "consumer marketplace" requirement. Georgia courts confine the private FBPA right of action to conduct that occurred within the public consumer marketplace and impacted consumers generally. Plead facts showing the reporting practices affected, or had the potential to affect, consumers broadly.
• FCRA statute of limitations. 15 U.S.C. § 1681p: the earlier of two years after discovery of the violation or five years after the violation. The § 1681i reinvestigation claim accrues when the 30-day reinvestigation period ends. FBPA SOL is two years (O.C.G.A. § 10-1-401).
• Plead furnisher liability only under § 1681s-2(b). There is no private right of action under § 1681s-2(a). The § 1681s-2(b) duty is triggered only after the furnisher receives notice of the dispute from a CRA — not from a direct dispute to the furnisher. Always allege that the consumer disputed through the CRA and that the CRA forwarded notice to the furnisher (an ACDV/automated dispute is sufficient notice).
• Willfulness drives value. Statutory damages ($100–$1,000) and punitive damages are available only for willful violations under § 1681n. Safeco Ins. Co. v. Burr, 551 U.S. 47 (2007), supplies the reckless-disregard standard. Negligent violations (§ 1681o) recover actual damages and fees only.
• Concurrent jurisdiction and removal. FCRA claims may be filed in state or federal court (§ 1681p). State-court filings are routinely removed under 28 U.S.C. § 1441; most FCRA dispute cases are filed directly in U.S. District Court.
• Preserve the dispute trail. The CRA's reinvestigation results letter and the furnisher's ACDV responses are the central evidence. Obtain the consumer's dispute, the CRA's results, and (in discovery) the e-OSCAR/ACDV records.

17. SOURCES AND REFERENCES

• Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III
• 15 U.S.C. § 1681e (compliance procedures; § 1681e(b) accuracy) — 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) — https://www.law.cornell.edu/uscode/text/15/1681s-2
• 15 U.S.C. § 1681n (willful noncompliance) — https://www.law.cornell.edu/uscode/text/15/1681n
• 15 U.S.C. § 1681o (negligent noncompliance) — https://www.law.cornell.edu/uscode/text/15/1681o
• 15 U.S.C. § 1681p (jurisdiction; limitations) — https://www.law.cornell.edu/uscode/text/15/1681p
• O.C.G.A. § 10-1-393 (FBPA unfair/deceptive practices) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-393/
• O.C.G.A. § 10-1-399 (FBPA civil actions; demand; treble damages; fees) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-399/
• O.C.G.A. § 10-1-913 (Georgia consumer credit report security freeze; definitions) — https://law.justia.com/codes/georgia/title-10/chapter-1/article-34/section-10-1-913/
• Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (2007) (FCRA willfulness standard)
• Georgia AG Consumer Protection Division — https://consumer.georgia.gov/
• CFPB (credit-reporting complaints) — https://www.consumerfinance.gov/complaint/
• 12 C.F.R. Part 1022 (Regulation V) — https://www.consumerfinance.gov/rules-policy/regulations/1022/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Georgia must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.