FCRA Credit Report Dispute Complaint - Hawaii

COMPLAINT — FAIR CREDIT REPORTING ACT (FCRA) + HAWAII UNFAIR OR DECEPTIVE ACTS OR PRACTICES

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Violation of FCRA § 1681e(b) (CRA — Reasonable Procedures)
7. Count II — Violation of FCRA § 1681i (CRA — Failure to Reinvestigate)
8. Count III — Violation of FCRA § 1681s-2(b) (Furnisher — Failure to Investigate)
9. Count IV — Violation of HRS § 480-2 (Unfair or Deceptive Acts or Practices)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature Block
14. Initial Service of Process
15. Hawaii Practice Notes
16. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT AND HAWAII LAW; DEMAND FOR JURY TRIAL

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 Hawaii's Unfair or Deceptive Acts or Practices statute, Haw. Rev. Stat. § 480-2 (private remedy at § 480-13).

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's dispute.

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

2.4. Plaintiff seeks actual damages, statutory damages, punitive damages for willful noncompliance, the greater of $1,000 or treble damages under HRS § 480-13(b)(1), injunctive relief on the Hawaii claim under § 480-13(b)(2) to the extent that claim is actionable, 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 § 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 Plaintiff's state-law claim under 28 U.S.C. § 1367(a) because it forms part of the same case or controversy.

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 Plaintiff resides in [CITY, COUNTY], State of Hawaii.

4. PARTIES

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

4.2. Defendant [CRA NAME] is a "consumer reporting agency" within the meaning of 15 U.S.C. § 1681a(f) (and a "consumer credit reporting agency" within the meaning of Haw. Rev. Stat. § 489P-2), in that it regularly assembles or evaluates 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], doing business in the State of Hawaii.

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, with all relevant information, to Defendant [FURNISHER] within five business days, and to complete a reasonable reinvestigation within the § 1681i(a)(1) period. That period ordinarily is 30 days and extends by no more than 15 days only when subsection (B)'s condition is met and subsection (C) does not bar the extension.

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 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 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].

5.11. Defendants acted willfully, or in reckless disregard of Plaintiff's rights under the FCRA.

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

6.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.11.

6.2. 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."

6.3. 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.

6.4. The violation was negligent within the meaning of 15 U.S.C. § 1681o and/or willful within the meaning of 15 U.S.C. § 1681n.

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

7.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.11.

7.2. Pursuant to 15 U.S.C. § 1681i(a), upon receiving a qualifying consumer dispute, a consumer reporting agency must conduct a free, reasonable reinvestigation and record the current status of the disputed information or delete the item within the § 1681i(a)(1) period. The ordinary 30-day period extends by no more than 15 days only when subsection (B)'s condition is met and subsection (C) does not bar the extension.

7.3. 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 unverifiable information / failing to provide the required written results under § 1681i(a)(6)].

7.4. The violation was negligent under 15 U.S.C. § 1681o and/or willful under 15 U.S.C. § 1681n.

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

8.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.11.

8.2. 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).

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

8.4. Upon receiving notice of the dispute from the CRA, Defendant [FURNISHER] was required to (a) investigate the disputed information; (b) review all relevant information provided by the CRA; (c) report the results to the CRA; and (d) if the information was inaccurate or incomplete, report those results to all other CRAs and modify, delete, or permanently block the inaccurate item.

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

8.6. The violation was negligent under 15 U.S.C. § 1681o and/or willful under 15 U.S.C. § 1681n.

9. COUNT IV — VIOLATION OF HRS § 480-2 (UNFAIR OR DECEPTIVE ACTS OR PRACTICES)

9.1. Plaintiff realleges and incorporates Paragraphs 2.1 through 5.11.

9.2. Haw. Rev. Stat. § 480-2(a) declares unlawful "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce."

9.3. Defendants' assembly, evaluation, furnishing, and reporting of consumer credit information is "trade or commerce" within the meaning of § 480-2, and Plaintiff is a "consumer" within the meaning of HRS § 480-1.

9.4. Defendants' conduct constitutes unfair or deceptive acts or practices, including disseminating and continuing to report demonstrably false credit information about Plaintiff after a proper dispute, and misrepresenting the character, status, and accuracy of Plaintiff's credit history. Plaintiff suffered an ascertainable loss of money or property as a result.

9.5. Pursuant to Haw. Rev. Stat. § 480-13(b)(1), Plaintiff, as a consumer injured by an unfair or deceptive act or practice, is entitled to recover the greater of $1,000 or threefold the actual damages sustained, plus reasonable attorney's fees and costs.

10. DAMAGES

10.1. Actual damages under 15 U.S.C. §§ 1681n(a)(1)(A) and 1681o(a)(1), in an amount to be proven at trial.

10.2. FCRA statutory damages of not less than $100 and not more than $1,000 for willful noncompliance under 15 U.S.C. § 1681n(a)(1)(A); the subsection does not state a per-violation multiplier.

10.3. FCRA punitive damages for willful noncompliance under 15 U.S.C. § 1681n(a)(2).

10.4. State-law damages — the greater of $1,000 or treble actual damages — under HRS § 480-13(b)(1).

10.5. Attorney's fees and costs under 15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2), and HRS § 480-13(b)(1).

10.6. Injunctive relief on the Hawaii claim, if actionable, under HRS § 480-13(b)(2), requiring deletion or correction of the Inaccurate Item and enjoining further unlawful conduct.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment in Plaintiff's favor and against Defendants, jointly and severally, as follows:

• A. Actual damages in an amount to be proven at trial;
• B. FCRA actual damages or statutory damages of $100 to $1,000 for proven willful noncompliance under 15 U.S.C. § 1681n(a)(1)(A), without treating the subsection as a per-violation multiplier;
• C. FCRA punitive damages under 15 U.S.C. § 1681n(a)(2);
• D. The greater of $1,000 or threefold actual damages, plus reasonable attorney's fees and costs, under HRS § 480-13(b)(1);
• E. Injunctive relief on the Hawaii claim under HRS § 480-13(b)(2), if that claim is actionable, requiring deletion or correction of the Inaccurate Item and barring further violations;
• F. Pre-judgment and post-judgment interest as allowed by law;
• G. Costs of suit and reasonable attorney's fees under 15 U.S.C. §§ 1681n(a)(3) and 1681o(a)(2); and
• H. Such other and further relief as the Court deems just and proper.

12. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands trial by jury on all issues so triable, pursuant to Fed. R. Civ. P. 38(b) (or Haw. R. Civ. P. 38, if filed in state court).

13. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

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

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, HI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

14. INITIAL SERVICE OF PROCESS

Select the filing forum before arranging service. For a federal filing, use the clerk-issued summons and serve it with the Complaint under Fed. R. Civ. P. 4(b) and (c), then file the server's proof under Rule 4(l) unless service was waived. For a Hawaiʻi state filing, obtain the summons under HRCP Rule 4(a), serve it with the Complaint under Rule 4(d), and have the server make proof under Rule 4(g). Do not use a Rule 5, JEFS, or CM/ECF certificate as a substitute for initial service.

15. HAWAII PRACTICE NOTES

• State-law theory runs through HRS § 480-2 / § 480-13. Hawaii has no standalone mini-FCRA private damages remedy for inaccurate reporting. HRS ch. 489P (Consumer Credit Reporting Agencies) governs security freezes and identity-theft protection (definitions at § 489P-2; freeze mechanics at § 489P-3); it informs the standard of care but is not the damages count. Pursue the state damages claim under the UDAP statute.
• § 480-13 treble mechanic. Hawaii consumers recover the greater of $1,000 or threefold actual damages — not 3x plus 1x compensatory. See Davis v. Wholesale Motors, Inc., 86 Hawaii 405 (App. 1997). Plead the measure precisely.
• FCRA statute of limitations. 15 U.S.C. § 1681p uses the earlier of two years after discovery of the violation that is the basis for liability or five years after that violation occurs. Section 1681p does not identify when a § 1681i violation occurs; determine each alleged act or omission and apply current controlling accrual and repetition law. UDAP SOL is four years (HRS § 480-24).
• Furnisher liability only under § 1681s-2(b). 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-to-furnisher dispute. Plead that the consumer disputed through the CRA and that the CRA forwarded notice (an e-OSCAR/ACDV transmission suffices).
• Willfulness drives value. Statutory and punitive FCRA damages require a willful violation under § 1681n; Safeco Ins. Co. v. Burr, 551 U.S. 47 (2007), supplies the reckless-disregard standard. Negligent violations recover actual damages and fees only (§ 1681o).
• Forum and removal. FCRA claims may be filed in state circuit court or U.S. District Court (§ 1681p); state-court filings are routinely removed under 28 U.S.C. § 1441. Most dispute cases are filed in the District of Hawaii.
• Preserve the dispute trail. Obtain the consumer's dispute, the CRA reinvestigation-results letter, and (in discovery) the e-OSCAR/ACDV records and the furnisher's investigation file.

16. 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
• Haw. Rev. Stat. § 480-2 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0002.htm
• Haw. Rev. Stat. § 480-13 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0013.htm
• Haw. Rev. Stat. ch. 489P (Consumer Credit Reporting Agencies; security freeze) — https://law.justia.com/codes/hawaii/title-26/chapter-489p/
• Davis v. Wholesale Motors, Inc., 86 Hawaii 405 (App. 1997) (treble damages mechanic)
• Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (2007) (FCRA willfulness standard)
• DCCA Office of Consumer Protection — https://cca.hawaii.gov/ocp/
• 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 Hawaii must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.