FCRA Credit Report Dispute Complaint - North Dakota

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NORTH DAKOTA

[________________________________] DIVISION

Civil Action No. [________________________________]

COMPLAINT UNDER THE FAIR CREDIT REPORTING ACT

Plaintiff [________________________________] alleges as follows:

1. Claim-Eligibility Screen

Complete before filing and remove from the filed complaint if appropriate.

Consumer Reporting Agency Claim

☐ The defendant meets the applicable "consumer reporting agency" definition in 15 U.S.C. § 1681a(f).

☐ The defendant prepared a consumer report concerning Plaintiff.

☐ The report contained information that was inaccurate, incomplete, or unverifiable as alleged below.

☐ Facts support a § 1681e(b) reasonable-procedures claim, a § 1681i reinvestigation claim, or both.

Furnisher Claim

☐ Plaintiff disputed the information with a consumer reporting agency.

☐ The consumer reporting agency gave the furnisher notice under § 1681i(a)(2).

☐ The furnisher then failed to perform a duty in § 1681s-2(b).

Sections 1681s-2(c)-(d) exclude subsection (a) from §§ 1681n and 1681o liability and assign enforcement of the listed provisions to government officials. Do not plead a private furnisher claim under § 1681s-2(a) merely because the consumer sent a direct dispute.

Timing

☐ The action is filed no later than the earlier of two years after Plaintiff discovered the violation forming the basis of liability or five years after that violation occurred, as required by § 1681p.

Discovery date: [__/__/____]

Violation date(s): [________________________________]

Counsel-calculated deadline: [__/__/____]

2. Jurisdiction and Venue

1. This action seeks to enforce liability created by the Fair Credit Reporting Act.

2. Under 15 U.S.C. § 1681p, an FCRA action may be brought in an appropriate United States district court without regard to the amount in controversy or in another court of competent jurisdiction.

3. The facts supporting personal jurisdiction over each Defendant are: [________________]

4. The facts and legal subsection supporting venue in this division are: [______________]

3. Parties

5. Plaintiff [________________________________] is an individual and therefore a "consumer" under 15 U.S.C. § 1681a(c). Plaintiff resides in [CITY], North Dakota.

6. Defendant [CRA] is alleged to be a consumer reporting agency under § 1681a(f) because: [________________________________]

7. Defendant [FURNISHER], if named, furnished the disputed information to [CRA]. Its address and relevant business role are: [________________________________]

4. Disputed Information

8. The disputed consumer-report item is:

9. Plaintiff's supporting documents include: [________________________________]

10. Plaintiff alleges the following concrete harm caused by the challenged reporting or statutory failure:

☐ Denied credit or other adverse decision: [________________________________]

☐ Less favorable terms or price: [________________________________]

☐ Out-of-pocket cost: $[________________________________]

☐ Lost time or other documented actual damage: [________________________________]

☐ Other: [________________________________]

5. Dispute to the Consumer Reporting Agency

11. On [DATE], Plaintiff notified [CRA] directly, or indirectly through a reseller, that the completeness or accuracy of the disputed information was challenged.

12. [CRA] received the dispute on [DATE] through [MAIL / PORTAL / OTHER].

13. The dispute identified the item, explained the basis, and included: [______________]

14. Under § 1681i(a)(1), subject to its stated exceptions, a consumer reporting agency must conduct a reasonable reinvestigation free of charge and record the current status or delete the item before the end of the 30-day period beginning when the agency receives the dispute. The limited extension in § 1681i(a)(1)(B)-(C) applies only under its terms.

15. Under § 1681i(a)(2), the agency must notify the furnisher within five business days and include all relevant information received from the consumer.

16. Under § 1681i(a)(4), the agency must review and consider all relevant information submitted by the consumer during the reinvestigation period.

17. Under § 1681i(a)(5), information found inaccurate or incomplete or that cannot be verified must be promptly deleted or modified as appropriate, with notice to the furnisher.

18. Under § 1681i(a)(6), the agency must provide written results within five business days after completing the reinvestigation, with the information required by that paragraph.

6. Consumer Reporting Agency Conduct

19. [CRA] responded on [DATE] by: [________________________________]

20. Plaintiff alleges the reinvestigation was deficient because:

☐ The agency did not review or consider identified relevant information

☐ The agency did not send all relevant dispute information to the furnisher

☐ The agency did not complete the reinvestigation within the applicable period

☐ The agency retained information that was inaccurate, incomplete, or unverifiable

☐ The agency did not provide the required results notice

☐ Other fact tied to § 1681i: [________________________________]

21. Plaintiff further alleges that [CRA] failed to follow reasonable procedures to assure maximum possible accuracy when preparing a consumer report, contrary to § 1681e(b), because: [________________________________]

7. Furnisher Notice and Conduct

Include this section only if a § 1681s-2(b) claim is supported.

22. [CRA] notified [FURNISHER] of Plaintiff's dispute under § 1681i(a)(2) on or about [DATE], as shown by: [________________________________]

23. After receiving that notice, § 1681s-2(b) required the furnisher to:

• investigate the disputed information;
• review all relevant information provided by the consumer reporting agency;
• report the investigation results to the agency;
• if information was incomplete or inaccurate, report the results to other nationwide consumer reporting agencies to which it furnished the information; and
• if the item was inaccurate, incomplete, or unverifiable, promptly modify, delete, or permanently block it as appropriate for reporting purposes.

24. [FURNISHER] failed to perform the following § 1681s-2(b) duty: [______________]

25. [FURNISHER] completed or failed to complete its duties within the period tied by § 1681s-2(b)(2) to § 1681i(a)(1), as follows: [________________________________]

8. Claims

Count I — 15 U.S.C. § 1681e(b)

26. Plaintiff incorporates the preceding factual allegations.

27. [CRA] prepared a consumer report about Plaintiff and failed to follow reasonable procedures to assure maximum possible accuracy, as shown by: [________________________________]

28. The failure caused the following actual damage or supports the following willfulness allegations: [________________________________]

Count II — 15 U.S.C. § 1681i(a)

29. Plaintiff incorporates the preceding factual allegations.

30. Plaintiff notified [CRA] of the disputed completeness or accuracy of information in Plaintiff's file.

31. [CRA] failed to perform the following statutory reinvestigation duty: [____________]

32. The failure caused: [________________________________]

Count III — 15 U.S.C. § 1681s-2(b)

Include only against a furnisher that received CRA notice.

33. Plaintiff incorporates the preceding factual allegations.

34. [FURNISHER] received notice under § 1681i(a)(2) and failed to perform the following § 1681s-2(b) duty: [________________________________]

35. The failure caused: [________________________________]

9. State of Mind and Remedies

36. Plaintiff alleges the violation was:

☐ Willful, based on these facts: [________________________________]

☐ Negligent, in the alternative, based on these facts: [______________________________]

37. For willful noncompliance, § 1681n(a) authorizes:

• actual damages or damages of not less than $100 and not more than $1,000;
• punitive damages in an amount the court may allow; and
• costs and reasonable attorney's fees in a successful action.

38. For negligent noncompliance, § 1681o(a) authorizes actual damages plus costs and reasonable attorney's fees in a successful action.

Section 1681n does not label the $100-to-$1,000 measure as an amount "per violation." Do not multiply that range without authority applicable to the pleaded claim.

10. Requested Relief

Plaintiff requests:

1. Actual damages proved under the applicable section;
2. If willful noncompliance is proved, the alternative statutory-damages measure and any punitive damages allowed under § 1681n;
3. Costs and reasonable attorney's fees in a successful action under § 1681n or § 1681o;
4. Prejudgment and postjudgment interest only to the extent authorized; and
5. Other relief authorized by law and supported by the pleaded claim.

This form does not request private injunctive relief under the FCRA without separate authority establishing that remedy.

11. Jury Demand

☐ Plaintiff demands a jury trial on all issues triable by jury.

Fed. R. Civ. P. 38(b) requires a written demand, which may be included in a pleading, no later than 14 days after service of the last pleading directed to the issue, and requires filing under Rule 5(d).

12. Signature

Dated: [__/__/____]

[________________________________]

[ATTORNEY NAME], Bar No. [________________________________]

[LAW FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Counsel for Plaintiff

13. Pre-Filing Checklist

☐ The defendant's statutory role is pleaded with facts

☐ The challenged information and why it is inaccurate, incomplete, or unverifiable are specific

☐ A § 1681s-2(b) furnisher count is included only after CRA notice

☐ No private § 1681s-2(a) count is pleaded

☐ § 1681i dates account for the statutory 30-day period and any valid extension

☐ Causation and actual harm are pleaded with facts

☐ Willfulness is supported by facts rather than a label

☐ Statutory damages are not pleaded automatically "per violation"

☐ No unsupported state consumer-fraud or FCRA injunctive count remains

☐ The earlier-of-two-years / five-years § 1681p deadline is satisfied

☐ Personal jurisdiction and venue are supported for each Defendant

☐ Jury demand timing was reviewed

Sources and References

• 15 U.S.C. § 1681a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681a&num=0&edition=prelim
• 15 U.S.C. § 1681e: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681e&num=0&edition=prelim
• 15 U.S.C. § 1681i: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681i&num=0&edition=prelim
• 15 U.S.C. § 1681s-2: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-2&num=0&edition=prelim
• 15 U.S.C. § 1681n: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681n&num=0&edition=prelim
• 15 U.S.C. § 1681o: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681o&num=0&edition=prelim
• 15 U.S.C. § 1681p: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681p&num=0&edition=prelim
• Federal Rule of Civil Procedure 38: https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf