FCRA Credit Report Dispute Complaint - Wyoming

COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT

OPTION A — FEDERAL FORUM

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING

Case No. [____________]

OPTION B — STATE FORUM

IN THE DISTRICT COURT OF THE [________] JUDICIAL DISTRICT
STATE OF WYOMING, COUNTY OF [________________________________]

Civil Action 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 Wyoming law.

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

5. Subject-Matter Jurisdiction (State Forum). Alternatively, the Wyoming District Court has jurisdiction because 15 U.S.C. § 1681p confers concurrent jurisdiction on any court of competent jurisdiction, and Wyo. Stat. § 40-12-108 authorizes a private action under the Wyoming Consumer Protection Act.

6. Personal Jurisdiction. Each Defendant regularly conducts business in Wyoming and committed the acts and omissions complained of in Wyoming, and therefore is subject to the jurisdiction of this Court under Wyo. Stat. § 5-1-107.

7. Venue. In federal court, venue must satisfy 28 U.S.C. § 1391(b): [all Defendants reside in Wyoming and at least one resides in this District / a substantial part of the events or omissions occurred here / no other district is available and a Defendant is subject to personal jurisdiction here]. In Wyoming state court, select the applicable county rule: [domestic corporation — § 1-5-105 / nonresident or foreign corporation — § 1-5-107 / action otherwise not provided for — § 1-5-108]. Plaintiff's residence or a Defendant's business activity is not a freestanding venue basis except where the selected statute makes it one.

III. PARTIES

8. Plaintiff. Plaintiff is a natural person residing in [CITY], [________________________________] County, Wyoming, 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, dues, or on a cooperative nonprofit basis, it regularly assembles or evaluates consumer credit information or other information on consumers 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, and is a "person" within the meaning of Wyo. Stat. § 40-12-102(a)(i).

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. WCPA Pre-Suit Notice (state count only). On or about [__/__/____], and as a prerequisite to any claim under the Wyoming Consumer Protection Act, Plaintiff gave written notice to [Defendant(s)] pursuant to Wyo. Stat. § 40-12-109, stating fully the nature of the alleged unlawful deceptive trade practice and the actual damage suffered. [More than fifteen (15) days have passed and no offer to cure was made / the deceptive trade practice was not cured within a reasonable time after Plaintiff accepted the offer to cure], and the practice has therefore become an "uncured unlawful deceptive trade practice" within the meaning of Wyo. Stat. § 40-12-102(a)(ix).

17. 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

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

19. 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."

20. 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.

21. 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

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

23. 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.

24. 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

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

26. 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.

27. 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 Wyoming Consumer Protection Act, Wyo. Stat. § 40-12-105 (Pleaded in the Alternative; Subject to § 40-12-109 Pre-Suit Notice)

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

29. [Only if supported by facts independent of the reporting dispute:] Defendants knowingly engaged in a specifically identified act under Wyo. Stat. § 40-12-105(a) in connection with [IDENTIFY THE ADVERTISING, OFFERING, SALE, OR DISTRIBUTION OF MERCHANDISE TO AN INDIVIDUAL FOR PRIMARILY PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES]. The act, subsection, and transaction connection are [STATE FACTS]. An inaccurate credit entry by itself does not establish that connection or a false representation about merchandise under the listed subsection.

30. Plaintiff gave the written notice required by Wyo. Stat. § 40-12-109 as alleged in paragraph 16, and the practice became an "uncured unlawful deceptive trade practice." Pursuant to Wyo. Stat. § 40-12-108(a), Plaintiff, relying upon the uncured unlawful deceptive trade practice, may recover the damages actually suffered as a consumer.

31. Plaintiff pleads this count strictly in the alternative to the federal counts.

VI. DAMAGES

32. 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.

33. 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.

34. To the extent the WCPA count in the alternative applies, Plaintiff is entitled under Wyo. Stat. § 40-12-108 to the damages actually suffered as a consumer (with reasonable attorney's fees available in a class action under § 40-12-108(b)).

35. This action is timely under 15 U.S.C. § 1681p (the earlier of two years after discovery or five years after the violation); any WCPA claim is subject to the notice and limitation requirements of Wyo. Stat. § 40-12-109.

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 under 15 U.S.C. § 1681n;
C. Punitive damages under 15 U.S.C. § 1681n;
D. In the alternative, the damages actually suffered as a consumer under Wyo. Stat. § 40-12-108;
E. Injunctive and declaratory relief directing deletion or correction of the inaccurate Disputed Item;
F. Reasonable attorney's fees and costs under 15 U.S.C. §§ 1681n and 1681o (and, in a class action, under Wyo. Stat. § 40-12-108(b));
G. Pre- and post-judgment interest as allowed by law; and
H. 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 Rule 38 of the Wyoming Rules of Civil Procedure in state forum), Plaintiff demands a trial by jury on all issues so triable.

IX. SIGNATURE

Respectfully submitted,

Dated: [__/__/____]

________________________________
[ATTORNEY NAME], Wyoming State 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 Wyoming 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], Wyoming.

________________________________
[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
• 28 U.S.C. § 1391 — official U.S. Code: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1391&num=0&edition=prelim
• Wyo. Stat. §§ 1-5-105, 1-5-107, and 1-5-108 — https://wyoleg.gov/statutes/compress/title01.pdf
• Wyo. Stat. § 40-12-105 — Unlawful deceptive trade practices: https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-105/
• Wyo. Stat. § 40-12-108 — Private remedies: https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-108/
• Wyo. Stat. § 40-12-109 — Pre-suit notice; uncured practice; limitation of actions: https://law.justia.com/codes/wyoming/title-40/chapter-12/article-1/section-40-12-109/
• Wyoming Attorney General — Consumer Protection and Antitrust Unit: https://attorneygeneral.wyo.gov/law-office-division/consumer-protection-and-antitrust-unit