FCRA Credit Report Dispute Complaint

COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT AND PENNSYLVANIA LAW

OPTION A — FEDERAL FORUM

IN THE UNITED STATES DISTRICT COURT
FOR THE [EASTERN / MIDDLE / WESTERN] DISTRICT OF PENNSYLVANIA

Case No. [____________]

OPTION B — STATE FORUM

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY, PENNSYLVANIA
CIVIL DIVISION

No. [____________]

NOTICE TO DEFEND (STATE FORUM)

☐ A "Notice to Defend" conforming to Pa. R.C.P. 1018.1 is attached as the first page of this Complaint (state-court filings only).

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, in the alternative, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq. ("UTPCPL").

2. The CRA Defendant prepared and disseminated consumer credit 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.

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 any state-law claim under 28 U.S.C. § 1367.

5. Subject-Matter Jurisdiction (State Forum). Alternatively, the Court of Common Pleas has jurisdiction because 15 U.S.C. § 1681p confers concurrent jurisdiction on any court of competent jurisdiction, and 73 P.S. § 201-9.2 authorizes a private action by a consumer.

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

7. Venue. Venue is proper because a substantial part of the events or omissions giving rise to the claims occurred in this District/County, Plaintiff resides here, and/or Defendants transact business here. (Federal forum: 28 U.S.C. § 1391(b). State forum: Pa. R.C.P. 1006, 2179.)

III. PARTIES

8. Plaintiff. Plaintiff is a natural person residing in [CITY], [________________________________] County, Pennsylvania, and is a "consumer" as defined by 15 U.S.C. § 1681a(c).

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) 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
    ☐ 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 conduct a reasonable reinvestigation, free of charge, within the statutory period. The CRA Defendant failed to conduct a 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 conduct a reasonable reinvestigation, to forward all relevant information to the Furnisher Defendant, and to delete or modify information that could not be verified.

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 Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq. (Furnisher Defendant) — PLEADED IN THE ALTERNATIVE

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

28. Plaintiff purchased or leased goods or services from the Furnisher Defendant primarily for personal, family, or household purposes, namely: [DESCRIBE THE UNDERLYING PURCHASE/LEASE — e.g., the [credit account / goods / services] obtained on or about [__/__/____]].

29. The Furnisher Defendant engaged in unfair or deceptive acts or practices that create a likelihood of confusion or misunderstanding, in violation of 73 P.S. § 201-2(4) (including the catch-all provision at § 201-2(4)(xxi)), by furnishing and continuing to furnish false and misleading information about that purchase to consumer reporting agencies after notice of its inaccuracy, upon which Plaintiff justifiably relied to Plaintiff's detriment in connection with the transaction.

30. As a result, Plaintiff suffered an ascertainable loss of money or property. Pursuant to 73 P.S. § 201-9.2(a), Plaintiff is entitled to recover actual damages or one hundred dollars ($100), whichever is greater; in the Court's discretion, up to three times the actual damages sustained; and costs and reasonable attorney's fees.

VI. DAMAGES

31. 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 per violation, punitive damages, and reasonable attorney's fees and costs.

32. 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.

33. To the extent the UTPCPL applies, Plaintiff is entitled to actual damages or $100, whichever is greater, up to treble damages in the Court's discretion, and costs and reasonable attorney's fees (73 P.S. § 201-9.2).

34. This action is timely under 15 U.S.C. § 1681p (the earlier of two years after discovery or five years after the violation) and, for any UTPCPL claim, under the six-year catch-all limitation in 42 Pa. C.S. § 5527(b) (Gabriel v. O'Hara, 534 A.2d 488 (Pa. Super. 1987)).

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;
B. Statutory damages of $100 to $1,000 per violation under 15 U.S.C. § 1681n;
C. Punitive damages under 15 U.S.C. § 1681n, and, to the extent the UTPCPL applies, up to treble damages under 73 P.S. § 201-9.2;
D. Injunctive and 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 and 73 P.S. § 201-9.2;
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 Pa. R.C.P. 1007.1 in state forum), Plaintiff demands a trial by jury on all issues so triable. (Note: under Pennsylvania law there is no jury-trial right on the UTPCPL claim itself; this demand is directed to the FCRA counts and any other triable issues.)

IX. SIGNATURE

Respectfully submitted,

Dated: [__/__/____]

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

X. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

Executed on [__/__/____] at [CITY], Pennsylvania.

________________________________
[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
• 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
• Pennsylvania UTPCPL, 73 P.S. § 201-1 et seq. (full text): https://www.attorneygeneral.gov/wp-content/uploads/2018/02/Unfair_Trade_Practices_Consumer_Protection_Law.pdf
• 73 P.S. § 201-9.2 — Private actions: https://www.pa.gov/content/dam/copapwp-pagov/en/health/documents/topics/documents/laws-and-regulations/Unfair_Trade_Act.pdf
• Gregg v. Ameriprise Financial, Inc., 245 A.3d 637 (Pa. 2021) (justifiable reliance; strict liability for deceptive conduct under catch-all)