FCRA Credit-Reporting Complaint — District of New Mexico

FCRA CREDIT-REPORTING COMPLAINT — DISTRICT OF NEW MEXICO

USE GATE — COMPLETE BEFORE DRAFTING

☐ The challenged information is inaccurate, incomplete, or unverifiable for a specific factual reason—not merely disputed as a legal conclusion.

☐ For a claim against a consumer reporting agency (CRA), identify each consumer report, recipient, furnishing date, and inaccurate item.

☐ For a § 1681i claim, preserve proof that the consumer notified the CRA of the dispute and supplied enough information to investigate it.

☐ For a § 1681s-2(b) furnisher claim, identify facts showing that a CRA—not only the consumer—sent the dispute notice to the furnisher under § 1681i(a)(2).

☐ Identify nonconclusory facts supporting willfulness, negligence, causation, and each requested category of damages.

☐ Confirm federal subject-matter jurisdiction, personal jurisdiction, and one specific § 1391 venue route with federal counsel.

☐ Do not add a New Mexico Unfair Practices Act or tort count without separate analysis of the claim's elements and 15 U.S.C. §§ 1681h(e) and 1681t(b).

☐ Preserve complete credit reports, disclosure files, dispute letters, delivery proof, CRA results, furnisher responses, denial or pricing notices, account records, and damages evidence.

UNITED STATES DISTRICT COURT

DISTRICT OF NEW MEXICO

No. [________________]

COMPLAINT FOR FCRA DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff [NAME], through undersigned counsel, alleges as follows against [CRA] and [FURNISHER]. Delete every defendant, count, allegation, and remedy that the facts do not support.

I. NATURE OF THE ACTION

1. This action arises under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Plaintiff alleges that [CRA] prepared or furnished a consumer report containing specifically identified inaccurate information and failed to satisfy applicable duties under §§ 1681e(b) and 1681i.

2. Plaintiff separately alleges that [FURNISHER], after receiving notice of the dispute from a CRA under § 1681i(a)(2), failed to satisfy its duties under § 1681s-2(b).

3. Plaintiff seeks only relief authorized for the pleaded federal claims. This complaint does not assert a private claim under § 1681s-2(a) and does not request a private FCRA injunction.

II. JURISDICTION, VENUE, AND PERSONAL JURISDICTION

4. This Court has federal-question jurisdiction under 28 U.S.C. § 1331. Section 1681p authorizes an FCRA-liability action in an appropriate United States district court without regard to the amount in controversy.

5. Venue is proper under 28 U.S.C. § 1391(b)([1 / 2 / 3]) because [state the facts satisfying the selected subsection; do not rely only on Plaintiff's residence or a generic “does business” allegation].

6. This Court has personal jurisdiction over [DEFENDANT] because [identify forum-directed contacts and the connection between those contacts and the claim, or another supported jurisdictional basis].

III. PARTIES

7. Plaintiff [NAME] is an individual residing in [CITY, COUNTY], New Mexico, and is a “consumer” under 15 U.S.C. § 1681a(c).

8. Defendant [CRA] is [entity type and organization facts] with its principal place of business at [ADDRESS]. It is a “consumer reporting agency” under § 1681a(f) because [plead facts tracking the definition].

9. Defendant [FURNISHER] is [entity type and organization facts] with its principal place of business at [ADDRESS]. It furnished the challenged account information to [CRA / CRAs].

IV. FACTUAL ALLEGATIONS

10. The challenged item is:

11. [CRA] prepared or furnished a consumer report containing the challenged item to [RECIPIENT] on [DATE] for [PURPOSE]. Exhibit [__] is [the report / disclosure / adverse-action notice / other evidence].

12. [If applicable:] The report also included information allegedly barred by 15 U.S.C. § 1681c because [identify the exact item, relevant date, and applicable subsection].

13. On [DATE], Plaintiff disputed the challenged item directly with [CRA] by [mail / portal / other method]. The dispute identified [item], explained [basis], and included [supporting records]. [CRA] received it on [DATE], as shown by Exhibit [__].

14. Section 1681i(a)(1) generally requires a free reasonable reinvestigation before the end of thirty days after CRA receipt, subject to the statute's extension and other provisions. The applicable completion date was [DATE AND CALCULATION].

15. On [DATE], [CRA] responded by [describe response and result]. The reinvestigation was allegedly unreasonable because [specific facts—not merely that the result was unfavorable].

16. Plaintiff alleges on [records / correspondence / information-and-belief basis] that [CRA] notified [FURNISHER] of the dispute under § 1681i(a)(2) on or about [DATE] and transmitted [relevant information].

17. After CRA notice, [FURNISHER] [describe investigation, response, or omission]. The investigation was allegedly unreasonable because [specific facts, ignored records, mismatched data, or failure to address the dispute's substance].

18. After the reinvestigations, [CRA / FURNISHER] continued to report or furnish [exact inaccurate or incomplete information] on [DATES] to [RECIPIENTS / CRAs].

19. The conduct caused Plaintiff [credit denial / higher price / housing or employment consequence / out-of-pocket loss / lost time / emotional distress / other concrete harm]. Supporting event, date, actor, and record: [________________________________].

V. CLAIMS

COUNT I — 15 U.S.C. § 1681e(b)

Against [CRA] — unreasonable procedures for maximum possible accuracy

20. Plaintiff incorporates Paragraphs 1–19.

21. [CRA] prepared the consumer report identified in Paragraph 11 containing the inaccurate information identified in Paragraph 10.

22. [CRA] failed to follow reasonable procedures to assure maximum possible accuracy because [procedure or omission and supporting facts].

23. The failure caused the harm identified in Paragraph 19.

24. The violation was [willful under § 1681n / negligent under § 1681o / plead in the alternative] because [supporting facts].

COUNT II — 15 U.S.C. § 1681i

Against [CRA] — unreasonable reinvestigation

25. Plaintiff incorporates Paragraphs 1–19.

26. Plaintiff notified [CRA] of a dispute concerning the completeness or accuracy of information in Plaintiff's file, as alleged in Paragraph 13.

27. [CRA] failed to perform one or more applicable § 1681i duties because [identify the statutory duty and facts: unreasonable reinvestigation; failure to review relevant consumer information; defective furnisher notice; failure to delete or modify inaccurate, incomplete, or unverifiable information; or defective results notice].

28. The failure caused the harm identified in Paragraph 19.

29. The violation was [willful / negligent / pleaded in the alternative] because [supporting facts].

COUNT III — 15 U.S.C. § 1681s-2(b)

Against [FURNISHER] — unreasonable investigation after CRA notice

30. Plaintiff incorporates Paragraphs 1–19.

31. [FURNISHER] received dispute notice from [CRA] under § 1681i(a)(2), as alleged in Paragraph 16. A consumer's direct notice to a furnisher, standing alone, is not the pleaded trigger for this count.

32. After CRA notice, [FURNISHER] failed to satisfy one or more duties in § 1681s-2(b)(1) because [identify the investigation, review, reporting, modification, deletion, or blocking defect and supporting facts].

33. The failure caused the harm identified in Paragraph 19.

34. The violation was [willful / negligent / pleaded in the alternative] because [supporting facts].

VI. TIMELINESS AND DAMAGES

35. Under 15 U.S.C. § 1681p, this action was filed before the earlier of two years after Plaintiff discovered the violation and five years after the violation. Discovery date: [DATE]. Violation date for each claim: [DATE / TABLE].

36. For any proven willful violation, § 1681n permits actual damages or statutory damages of $100 to $1,000, punitive damages allowed by the court, and costs plus reasonable attorney fees in a successful action. The statutory range is not pleaded as an automatic per-violation multiplier.

37. For any proven negligent violation, § 1681o permits actual damages and, in a successful action, costs plus reasonable attorney fees.

38. Plaintiff's claimed damages and supporting facts are: [itemized actual damages, statutory-damages election if applicable, punitive-damages facts, causation, and evidence].

VII. PRAYER FOR RELIEF

Plaintiff requests judgment and:

A. Actual damages proven under 15 U.S.C. § 1681n or § 1681o, or statutory damages under § 1681n, as legally available and nonduplicative;

B. Punitive damages under § 1681n to the extent allowed by the court on a proven willful violation;

C. Costs and reasonable attorney fees to the extent authorized by §§ 1681n and 1681o;

D. Prejudgment and post-judgment interest to the extent authorized by law; and

E. Any other relief the Court may lawfully grant on the pleaded claims.

VIII. JURY DEMAND

Under Fed. R. Civ. P. 38, Plaintiff demands a jury trial on every issue triable by jury.

IX. SIGNATURE

Respectfully submitted:

[________________________________]

[ATTORNEY NAME], New Mexico Bar No. [________]

[LAW FIRM]

[ADDRESS]

[CITY, STATE ZIP]

Telephone: [________]

Email: [________]

Attorney for Plaintiff

Date: [__/__/____]

The signer must independently satisfy Fed. R. Civ. P. 11. This template is not a substitute for a reasonable factual and legal inquiry.

PRE-FILING CHECKLIST

☐ Caption, civil cover sheet, summons, filing fee or in-forma-pauperis materials, and electronic-filing requirements checked against current District of New Mexico rules and instructions.

☐ Rule 5.2 redactions completed; unredacted credit reports and account records are not attached without a lawful sealing or redaction procedure.

☐ Each allegation has evidentiary support or an identified permissible information-and-belief basis.

☐ Each defendant is tied to its own conduct; CRA duties and furnisher duties are not conflated.

☐ Limitations calculated separately for each alleged violation under § 1681p.

☐ Jury demand timing and service requirements calendared under the current rules.

CURRENT OFFICIAL SOURCES

• Office of the Law Revision Counsel — 15 U.S.C. § 1681a
• Office of the Law Revision Counsel — 15 U.S.C. § 1681c
• Office of the Law Revision Counsel — 15 U.S.C. § 1681e
• Office of the Law Revision Counsel — 15 U.S.C. § 1681h
• Office of the Law Revision Counsel — 15 U.S.C. § 1681i
• Office of the Law Revision Counsel — 15 U.S.C. § 1681n
• Office of the Law Revision Counsel — 15 U.S.C. § 1681o
• Office of the Law Revision Counsel — 15 U.S.C. § 1681p
• Office of the Law Revision Counsel — 15 U.S.C. § 1681s-2
• Office of the Law Revision Counsel — 15 U.S.C. § 1681t
• Office of the Law Revision Counsel — 28 U.S.C. § 1331
• Office of the Law Revision Counsel — 28 U.S.C. § 1391
• United States Courts — Federal Rules of Civil Procedure, December 1, 2025

Current official sources and every citation in this file were checked on August 14, 2026. The OLRC amendment histories show no 2025 or 2026 amendment to the cited FCRA sections; the most recent amendments relevant to §§ 1681a, 1681c, and 1681i are the 2018 veteran-medical-debt provisions and do not change the generic definitions or duties used here. The current Federal Rules compilation is dated December 1, 2025.

Disclaimer: This is an informational drafting aid, not legal advice or an official form. Qualified counsel must verify every claim, party, fact, deadline, remedy, rule, and filing requirement before use.