FCRA Credit Report Dispute Complaint - New Hampshire

COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT AND THE NEW HAMPSHIRE CONSUMER CREDIT REPORTING ACT (RSA 359-B)

OPTION A — FEDERAL FORUM

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Case No. [____________]

OPTION B — STATE FORUM

THE STATE OF NEW HAMPSHIRE
[________________________________] COUNTY SUPERIOR COURT

Case No. [____________]

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant [CONSUMER REPORTING AGENCY] (the "CRA Defendant") and Defendant [FURNISHER NAME] (the "Furnisher Defendant") (collectively, "Defendants"), and alleges as follows:

I. NATURE OF THE ACTION

1. This is an action for damages brought by an individual consumer against a consumer reporting agency and a furnisher of information arising under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and the New Hampshire Consumer Credit Reporting Act, RSA 359-B:1 et seq. ("NH CCRA").

2. The CRA Defendant prepared and disseminated consumer reports containing inaccurate information concerning Plaintiff and, after Plaintiff disputed that information, failed to follow reasonable procedures to assure maximum possible accuracy and failed to conduct a reasonable reinvestigation, in violation of 15 U.S.C. §§ 1681e(b) and 1681i and RSA 359-B:7 and 359-B:11.

3. The Furnisher Defendant, after receiving notice of Plaintiff's dispute from the CRA Defendant, failed to conduct a reasonable investigation and continued to report inaccurate information, in violation of 15 U.S.C. § 1681s-2(b).

II. JURISDICTION AND VENUE

4. Subject-Matter Jurisdiction (Federal Forum). This Court has federal-question jurisdiction under 28 U.S.C. § 1331 and 15 U.S.C. § 1681p, which provides that an action to enforce liability under the FCRA may be brought in "any appropriate United States district court ... or in any other court of competent jurisdiction." This Court has supplemental jurisdiction over the New Hampshire state-law claims under 28 U.S.C. § 1367.

5. Subject-Matter Jurisdiction (State Forum). Alternatively, the Superior Court has jurisdiction because 15 U.S.C. § 1681p confers concurrent jurisdiction on any court of competent jurisdiction, and RSA 359-B:18 authorizes an action to enforce liability under the NH CCRA in any court of competent jurisdiction.

6. Personal Jurisdiction. Each Defendant regularly conducts business in New Hampshire and committed the acts and omissions complained of in New Hampshire, and therefore is subject to the jurisdiction of this Court.

7. Venue. For a federal filing, plead facts satisfying one specific 28 U.S.C. § 1391(b) route: (1) a district where any defendant resides if all defendants reside in the forum State; (2) a district where a substantial part of the events or omissions occurred; or (3), only if no district is otherwise available, a district where a defendant is subject to personal jurisdiction for the action. Plaintiff's residence or a generic statement that a defendant transacts business in the forum is not enough by itself.

III. PARTIES

8. Plaintiff. Plaintiff is a natural person residing in [CITY], [________________________________] County, New Hampshire, and is a "consumer" as defined by 15 U.S.C. § 1681a(c) and RSA 359-B:3.

9. CRA Defendant. Defendant [CONSUMER REPORTING AGENCY] is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. It is a "consumer reporting agency" as defined by 15 U.S.C. § 1681a(f) and RSA 359-B:3 because, for monetary fees, it regularly assembles and evaluates consumer credit information for the purpose of furnishing consumer reports to third parties.

10. Furnisher Defendant. Defendant [FURNISHER NAME] is a [corporation/LLC/bank/collection agency] with its principal place of business at [ADDRESS]. It is a "furnisher" of information that regularly provides information about consumers, including Plaintiff, to one or more consumer reporting agencies for inclusion in consumer reports.

IV. FACTUAL ALLEGATIONS

11. The Inaccurate Item. Plaintiff's consumer file maintained by the CRA Defendant contains the following inaccurate item of information (the "Disputed Item"):
    - Creditor/Furnisher Name: [________________________________]
    - Account Number (last 4): [____]
    - What the report inaccurately states: [DESCRIBE — e.g., account reported as charged-off/late/open with balance of $[AMOUNT]]
    - What is true and accurate: [DESCRIBE — e.g., account was paid in full / never belonged to Plaintiff / discharged in bankruptcy]

12. Type of inaccuracy (check all that apply):
    ☐ Account does not belong to Plaintiff (mixed file / identity theft)
    ☐ Balance, payment history, or account status is incorrect
    ☐ Account was paid, settled, or discharged in bankruptcy and is reported otherwise
    ☐ Obsolete information being reported beyond the period allowed by 15 U.S.C. § 1681c / RSA 359-B:5
    ☐ Duplicate reporting of the same debt
    ☐ Other: [________________________________]

13. The Written Dispute to the CRA. On or about [__/__/____], Plaintiff sent a written dispute to the CRA Defendant identifying the Disputed Item, explaining why it is inaccurate, and enclosing supporting documentation. The dispute was sent by [certified mail / the CRA's online portal] and received by the CRA Defendant on or about [__/__/____].

14. The CRA's Failed Reinvestigation. Upon receiving Plaintiff's dispute, the CRA Defendant was required by 15 U.S.C. § 1681i(a)(1) to complete a free reasonable reinvestigation within thirty (30) days, subject only to the statute's limited extension of no more than fifteen (15) additional days when the consumer supplies relevant information during the initial period. The CRA also had to notify the furnisher within five (5) business days under § 1681i(a)(2). RSA 359-B:11 separately required a state-law reinvestigation. The CRA Defendant failed to conduct a timely reasonable reinvestigation and instead [parroted the furnisher's verification / "verified" the item without meaningful review / failed to forward all relevant information to the furnisher / failed to respond]. The CRA Defendant continued to report the Disputed Item as accurate.

15. Notice to and Failure by the Furnisher. Pursuant to 15 U.S.C. § 1681i(a)(2), the CRA Defendant forwarded notice of Plaintiff's dispute to the Furnisher Defendant. Upon receiving that notice, the Furnisher Defendant was required by 15 U.S.C. § 1681s-2(b) to conduct its own investigation, review all relevant information provided by the CRA, report the results, and correct or delete information found to be inaccurate or incomplete. The Furnisher Defendant failed to do so and continued to furnish the inaccurate Disputed Item.

16. Harm to Plaintiff. As a direct and proximate result of Defendants' conduct, Plaintiff suffered harm, including: ☐ denial of credit, ☐ a higher interest rate or less favorable credit terms, ☐ denial of [employment/housing/insurance], ☐ damage to credit score and creditworthiness, ☐ out-of-pocket costs, and ☐ emotional distress, humiliation, frustration, and lost time spent disputing the inaccuracy.

V. CAUSES OF ACTION

COUNT I — Violation of 15 U.S.C. § 1681e(b) (CRA Defendant)

Failure to follow reasonable procedures to assure maximum possible accuracy

17. Plaintiff re-alleges and incorporates paragraphs 1–16.

18. Section 1681e(b) provides: "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."

19. The CRA Defendant prepared and published consumer reports concerning Plaintiff that contained the inaccurate Disputed Item and failed to follow reasonable procedures to assure maximum possible accuracy.

20. The CRA Defendant's violation was willful (15 U.S.C. § 1681n) or, in the alternative, negligent (15 U.S.C. § 1681o), entitling Plaintiff to the damages set forth below.

COUNT II — Violation of 15 U.S.C. § 1681i (CRA Defendant)

Failure to conduct a reasonable reinvestigation

21. Plaintiff re-alleges and incorporates paragraphs 1–16.

22. Upon receiving Plaintiff's dispute, the CRA Defendant was required by 15 U.S.C. § 1681i to complete a reasonable reinvestigation within the applicable thirty-day period, notify the Furnisher Defendant within five business days, forward all relevant information, and promptly delete or modify information found inaccurate, incomplete, or unverifiable.

23. The CRA Defendant failed to conduct a reasonable reinvestigation and failed to delete or correct the inaccurate Disputed Item, in willful or negligent violation of § 1681i.

COUNT III — Violation of 15 U.S.C. § 1681s-2(b) (Furnisher Defendant)

Failure to investigate after notice of dispute

24. Plaintiff re-alleges and incorporates paragraphs 1–16.

25. After receiving notice of Plaintiff's dispute from the CRA Defendant pursuant to 15 U.S.C. § 1681i(a)(2), the Furnisher Defendant was required by 15 U.S.C. § 1681s-2(b) to investigate, review all relevant information, report the results, and correct or delete inaccurate or incomplete information.

26. The Furnisher Defendant failed to conduct a reasonable investigation and continued to furnish the inaccurate Disputed Item, in willful or negligent violation of § 1681s-2(b).

COUNT IV — Violation of the New Hampshire Consumer Credit Reporting Act, RSA 359-B (CRA Defendant)

27. Plaintiff re-alleges and incorporates paragraphs 1–16.

28. RSA 359-B:7 required the CRA Defendant to maintain reasonable procedures to assure maximum possible accuracy of the information concerning Plaintiff in the consumer reports it prepared. The CRA Defendant failed to do so and reported the inaccurate Disputed Item.

29. RSA 359-B:11 required the CRA Defendant, upon Plaintiff's dispute, to reinvestigate the disputed information within a reasonable time and to delete information found to be inaccurate or that could no longer be verified. The CRA Defendant failed to conduct a reasonable reinvestigation and failed to delete or correct the inaccurate Disputed Item.

30. The CRA Defendant's failures were willful within the meaning of RSA 359-B:16 or, in the alternative, negligent within the meaning of RSA 359-B:17. Under RSA 359-B:16, the CRA Defendant is liable for Plaintiff's actual damages, such amount of punitive damages as the court may allow, and the costs of the action together with reasonable attorney's fees. Under RSA 359-B:17, the CRA Defendant is liable for actual damages or $1,000, whichever is greater, together with the costs of the action and reasonable attorney's fees.

COUNT V — Violation of the New Hampshire Consumer Protection Act, RSA 358-A:2 (Both Defendants) [OPTIONAL]

31. Plaintiff re-alleges and incorporates paragraphs 1–16.

32. The conduct alleged constitutes an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of RSA 358-A:2.

33. Pursuant to RSA 358-A:10, Plaintiff is entitled to recover actual damages or $1,000, whichever is greater; up to three times (but not less than two times) actual damages for a willful or knowing violation; and the costs of the suit including reasonable attorney's fees.

VI. DAMAGES

34. As a result of the willful FCRA violations, Plaintiff is entitled under 15 U.S.C. § 1681n to actual damages or statutory damages of not less than $100 and not more than $1,000, punitive damages, and reasonable attorney's fees and costs.

35. In the alternative, for negligent FCRA violations, Plaintiff is entitled under 15 U.S.C. § 1681o to actual damages and reasonable attorney's fees and costs.

36. Under the NH CCRA, Plaintiff is entitled to actual damages and punitive damages as the court may allow for willful noncompliance (RSA 359-B:16), or actual damages or $1,000 (whichever is greater) for negligent noncompliance (RSA 359-B:17), plus costs and reasonable attorney's fees. If pleaded, the RSA 358-A count entitles Plaintiff to actual damages or $1,000 (whichever is greater), up to treble damages for willful or knowing violations, costs, and reasonable attorney's fees.

37. The federal claims are timely under 15 U.S.C. § 1681p (the earlier of two years after discovery or five years after the violation). Calendar the NH CCRA limitations period under RSA 359-B:18 and the RSA 358-A:3-a limitations period independently and confirm with counsel.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against Defendants and award:

A. Actual damages in an amount to be proven at trial, or the applicable statutory minimum, whichever is greater;
B. Statutory damages of $100 to $1,000 under 15 U.S.C. § 1681n;
C. Punitive damages under 15 U.S.C. § 1681n and RSA 359-B:16, and (if pleaded) up to treble damages under RSA 358-A:10;
D. Equitable relief directing deletion or correction of the inaccurate Disputed Item;
E. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n and 1681o, RSA 359-B:16 and 359-B:17, and (if pleaded) RSA 358-A:10;
F. Pre- and post-judgment interest as allowed by law; and
G. Such other and further relief as the Court deems just and proper.

VIII. DEMAND FOR JURY TRIAL

Pursuant to the Seventh Amendment to the United States Constitution and Rule 38 of the Federal Rules of Civil Procedure (or Part I, Article 20 of the New Hampshire Constitution and the applicable Superior Court rules in state forum), Plaintiff demands a trial by jury on all issues so triable.

IX. SIGNATURE

Respectfully submitted,

Dated: [__/__/____]

________________________________
[ATTORNEY NAME], NH Bar No. [____________]
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff

X. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], declare under penalty of perjury under the laws of the United States and the State of New Hampshire 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.

Executed on [__/__/____] at [CITY], New Hampshire.

________________________________
[PLAINTIFF FULL LEGAL NAME]

Sources and References

• 15 U.S.C. § 1681e(b) — Compliance procedures / accuracy of report: 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
• Official current 15 U.S.C. § 1681i text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681i&num=0&edition=prelim
• 15 U.S.C. § 1681s-2 — Responsibilities of furnishers of information: https://www.law.cornell.edu/uscode/text/15/1681s-2
• 15 U.S.C. § 1681n — Civil liability for willful noncompliance: https://www.law.cornell.edu/uscode/text/15/1681n
• 15 U.S.C. § 1681o — Civil liability for negligent noncompliance: https://www.law.cornell.edu/uscode/text/15/1681o
• 15 U.S.C. § 1681p — Jurisdiction of courts; limitation of actions: https://www.law.cornell.edu/uscode/text/15/1681p
• RSA 359-B — NH Consumer Credit Reporting Act (chapter index): https://law.justia.com/codes/new-hampshire/title-xxxi/chapter-359-b/
• RSA 359-B:7 — Compliance Procedures: http://www.gencourt.state.nh.us/rsa/html/XXXI/359-B/359-B-7.htm
• RSA 359-B:11 — Procedure in Case of Disputed Accuracy: http://www.gencourt.state.nh.us/rsa/html/XXXI/359-B/359-B-11.htm
• RSA 359-B:16 — Civil Liability for Willful Noncompliance: http://www.gencourt.state.nh.us/rsa/html/XXXI/359-B/359-B-16.htm
• RSA 359-B:17 — Civil Liability for Negligent Noncompliance: http://www.gencourt.state.nh.us/rsa/html/XXXI/359-B/359-B-17.htm
• RSA 359-B:18 — Jurisdiction of Courts; Limitation of Actions: http://www.gencourt.state.nh.us/rsa/html/XXXI/359-B/359-B-18.htm
• RSA 358-A — NH Consumer Protection Act: http://www.gencourt.state.nh.us/rsa/html/XXXI/358-A/358-A-mrg.htm
• RSA 358-A:10 — Private right of action (up to treble damages; attorney's fees): http://www.gencourt.state.nh.us/rsa/html/XXXI/358-A/358-A-10.htm
• New Hampshire DOJ, Consumer Protection Bureau: https://www.doj.nh.gov/consumer/
• CFPB (credit-reporting complaints): https://www.consumerfinance.gov/complaint/