FAIR CREDIT REPORTING ACT VIOLATION DEMAND LETTER

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[RECIPIENT NAME - CRA OR FURNISHER]
[RECIPIENT ADDRESS]
[CITY, STATE ZIP]

Re: FCRA Violation Demand - Willful and/or Negligent Noncompliance
Consumer: [CONSUMER FULL NAME]
SSN (Last 4): XXX-XX-[LAST 4 DIGITS]
Date of Birth: [DOB]
Current Address: [CONSUMER ADDRESS]
File/Reference Number: [IF APPLICABLE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") regarding your violations of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. Section 1681 et seq. Please direct all future communications regarding this matter to our office.

I. INTRODUCTION AND NATURE OF CLAIM

This letter constitutes formal notice that your conduct has violated the Fair Credit Reporting Act. Our Client has suffered concrete harm as a direct result of your failure to comply with federal law, and we are prepared to pursue all available legal remedies unless this matter is resolved promptly.

TYPE OF DEFENDANT:

☐ Consumer Reporting Agency ("CRA") - Equifax, Experian, TransUnion, or other CRA
☐ Furnisher of Information - Creditor, debt collector, or other entity that furnished information
☐ User of Consumer Reports - Entity that obtained and used our Client's consumer report

II. SUMMARY OF VIOLATIONS

Based on our investigation, we have identified the following FCRA violations:

Consumer Reporting Agency Violations:

☐ Failure to follow reasonable procedures to assure maximum possible accuracy (15 U.S.C. Section 1681e(b))
☐ Failure to conduct reasonable reinvestigation upon dispute (15 U.S.C. Section 1681i(a))
☐ Failure to provide results of reinvestigation within 30 days (15 U.S.C. Section 1681i(a)(1))
☐ Failure to delete inaccurate or unverifiable information (15 U.S.C. Section 1681i(a)(5))
☐ Failure to provide free annual disclosure (15 U.S.C. Section 1681j)
☐ Failure to provide file disclosure upon request (15 U.S.C. Section 1681g)
☐ Failure to provide notice of negative information (15 U.S.C. Section 1681m)
☐ Improper reinsertion of previously deleted information (15 U.S.C. Section 1681i(a)(5)(B))
☐ Failure to maintain reasonable procedures regarding medical information (15 U.S.C. Section 1681b(g))

Furnisher Violations:

☐ Furnishing information known to be inaccurate (15 U.S.C. Section 1681s-2(a)(1)(A))
☐ Failure to correct and update information (15 U.S.C. Section 1681s-2(a)(2))
☐ Failure to provide notice of dispute (15 U.S.C. Section 1681s-2(a)(3))
☐ Failure to conduct reasonable investigation upon notice of dispute (15 U.S.C. Section 1681s-2(b)(1))
☐ Failure to review all relevant information provided by CRA (15 U.S.C. Section 1681s-2(b)(1)(A))
☐ Failure to report results of investigation to CRA (15 U.S.C. Section 1681s-2(b)(1)(C))
☐ Failure to modify, delete, or permanently block inaccurate information (15 U.S.C. Section 1681s-2(b)(1)(D))
☐ Reporting debts discharged in bankruptcy (15 U.S.C. Section 1681c(a)(1))
☐ Reporting accounts beyond the 7-year reporting period (15 U.S.C. Section 1681c(a))

User Violations:

☐ Obtaining consumer report without permissible purpose (15 U.S.C. Section 1681b)
☐ Failure to provide adverse action notice (15 U.S.C. Section 1681m(a))
☐ Failure to provide risk-based pricing notice (15 U.S.C. Section 1681m(h))
☐ Obtaining consumer report through false pretenses (15 U.S.C. Section 1681q)

III. STATEMENT OF FACTS

A. Background

Our Client, [CONSUMER FULL NAME], is a consumer as defined by 15 U.S.C. Section 1681a(c). [DEFENDANT NAME] is a [consumer reporting agency/furnisher of information/user of consumer reports] as defined by the FCRA.

B. The Inaccurate Information

The following inaccurate information has been/is being reported on our Client's consumer credit report:

C. Dispute History

Our Client has properly disputed this inaccurate information as follows:

Dispute #1:
- Date of Dispute: [DATE]
- Method: ☐ Online ☐ Mail ☐ Telephone ☐ Direct to Furnisher
- Dispute Description: [SUMMARY OF DISPUTE]
- Response Date: [DATE]
- Response: [SUMMARY - Verified as accurate/Modified/Deleted/No response]
- Confirmation Number: [IF APPLICABLE]

Dispute #2:
- Date of Dispute: [DATE]
- Method: ☐ Online ☐ Mail ☐ Telephone ☐ Direct to Furnisher
- Dispute Description: [SUMMARY OF DISPUTE]
- Response Date: [DATE]
- Response: [SUMMARY]
- Confirmation Number: [IF APPLICABLE]

[REPEAT AS NECESSARY]

D. Evidence of Inaccuracy

Our Client possesses the following documentation proving the reported information is inaccurate:

☐ Court records (bankruptcy discharge, judgment satisfaction, case dismissal)
☐ Payment records and receipts
☐ Account statements showing accurate information
☐ Identity theft report (FTC Affidavit)
☐ Police report
☐ Correspondence with creditor
☐ Loan modification or settlement agreement
☐ Other: [SPECIFY]

IV. LEGAL ANALYSIS

A. Consumer Reporting Agency Liability

1. Maximum Possible Accuracy - Section 1681e(b)

The FCRA requires CRAs to "follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates." 15 U.S.C. Section 1681e(b). This duty is non-delegable and continuous.

You violated this requirement by:
[SPECIFY HOW CRA FAILED TO MAINTAIN ACCURACY]

2. Reasonable Reinvestigation - Section 1681i(a)

Upon receiving a consumer dispute, a CRA must "conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate" and must complete the reinvestigation within 30 days. 15 U.S.C. Section 1681i(a)(1).

A "reasonable" reinvestigation requires more than merely parroting information received from the furnisher. See Cushman v. Trans Union Corp., 115 F.3d 220, 225 (3d Cir. 1997) (rubber-stamping furnisher's response is not reasonable).

You violated this requirement by:
[SPECIFY HOW REINVESTIGATION WAS UNREASONABLE]

3. Deletion of Inaccurate Information - Section 1681i(a)(5)

If after reinvestigation information is found to be inaccurate or cannot be verified, the CRA must "promptly delete that item of information from the file of the consumer." 15 U.S.C. Section 1681i(a)(5)(A).

You violated this requirement by:
[SPECIFY FAILURE TO DELETE]

B. Furnisher Liability

1. Duty to Provide Accurate Information - Section 1681s-2(a)

Furnishers may not furnish information to a CRA that they know or have reasonable cause to believe is inaccurate. 15 U.S.C. Section 1681s-2(a)(1)(A).

You violated this duty by:
[SPECIFY INACCURATE FURNISHING]

2. Duty to Investigate Disputes - Section 1681s-2(b)

Upon receiving notice of a dispute from a CRA, a furnisher must conduct a reasonable investigation, review all relevant information, and report the results. 15 U.S.C. Section 1681s-2(b)(1).

The investigation must be reasonable under the circumstances. See Johnson v. MBNA America Bank, N.A., 357 F.3d 426, 431 (4th Cir. 2004). Merely comparing the disputed information against internal records without meaningful review does not constitute a reasonable investigation.

You violated this duty by:
[SPECIFY UNREASONABLE INVESTIGATION]

C. Willfulness

Your violations were willful within the meaning of 15 U.S.C. Section 1681n. Under Safeco Insurance Co. of America v. Burr, 551 U.S. 47 (2007), a violation is willful if it is either knowing or reckless. Your conduct was [knowing/reckless] because:

[EXPLAIN WHY CONDUCT WAS WILLFUL - e.g., repeated failure despite multiple disputes, ignoring clear documentation, established pattern of similar violations, etc.]

V. DAMAGES

A. Actual Damages (15 U.S.C. Sections 1681n(a)(1)(A) and 1681o(a)(1))

Our Client has suffered the following actual damages:

Credit-Related Damages:
☐ Denial of credit: [DESCRIBE - mortgage, auto loan, credit card]
☐ Increased interest rates on credit products: [CALCULATE ADDITIONAL COST]
☐ Increased insurance premiums
☐ Denial of housing/apartment application
☐ Employment denial or adverse action
☐ Security deposit requirements

Emotional Distress:
☐ Anxiety and worry
☐ Embarrassment and humiliation
☐ Frustration from repeated disputes
☐ Loss of sleep
☐ Physical manifestations of stress
☐ Damage to marital/family relationships

Out-of-Pocket Expenses:
☐ Credit monitoring services: $[AMOUNT]
☐ Certified mail and postage: $[AMOUNT]
☐ Time spent disputing (valued at hourly rate): $[AMOUNT]
☐ Other expenses: $[AMOUNT]

B. Statutory Damages - Willful Violations (15 U.S.C. Section 1681n(a)(1)(A))

For willful violations, our Client is entitled to statutory damages of not less than $100 and not more than $1,000 per violation. Given the egregious nature of your conduct, we will seek the maximum statutory damages.

C. Punitive Damages (15 U.S.C. Section 1681n(a)(2))

For willful violations, punitive damages are available "as the court may allow." Courts have awarded substantial punitive damages in FCRA cases involving repeated failures to investigate or correct inaccurate information.

D. Attorney's Fees and Costs (15 U.S.C. Sections 1681n(a)(3) and 1681o(a)(2))

As the prevailing party, our Client is entitled to recover reasonable attorney's fees and costs. This provision ensures that consumers can enforce their rights under the FCRA regardless of the size of their individual damages.

VI. PRESERVATION OF EVIDENCE

You are hereby placed on notice to preserve all documents and electronically stored information relating to our Client, including but not limited to:

• Complete credit file and all versions thereof
• All dispute records, investigation notes, and correspondence
• All communications with furnishers regarding our Client
• All automated dispute verification (ACDV/AUD) forms
• All e-OSCAR records and communications
• Policies and procedures for investigating disputes
• Training materials for dispute investigation personnel
• Quality control and audit records
• All records of third-party access to our Client's file
• All credit reports issued regarding our Client

Destruction of evidence after receipt of this letter may constitute spoliation, subjecting you to adverse inference instructions and sanctions.

VII. DEMAND FOR SETTLEMENT

To resolve this matter without litigation, we demand the following:

Immediate Corrective Action:

1. Deletion/Correction: Immediate permanent deletion or correction of all inaccurate information from our Client's consumer file

2. Universal Data Form (UDF) Submission: Submission of UDF to suppress the inaccurate information across all CRAs

3. Written Confirmation: Written confirmation of correction/deletion within fourteen (14) days

4. Suppression Code: Application of appropriate suppression codes to prevent reinsertion

Monetary Compensation:

Payment of $[SETTLEMENT DEMAND] within thirty (30) days, representing:

Release and Settlement Agreement:

Execution of a mutual release and settlement agreement that includes a confidentiality provision, if desired.

VIII. RESPONSE REQUIRED

Please respond to this demand in writing within thirty (30) days of the date of this letter. Your response should include:

1. Your position on each violation identified
2. Any corrective action you have taken or will take
3. Your settlement offer, if any

If we do not receive a satisfactory response, we will file suit without further notice. FCRA claims may be brought in any federal district court without regard to amount in controversy, and our Client will demand a jury trial on all issues.

IX. CLASS ACTION CONSIDERATIONS

Please be advised that we are investigating whether your violations extend to other consumers, which may support class action treatment under Fed. R. Civ. P. 23. Your prompt resolution of this matter may affect our decision regarding class claims.

X. STATE LAW CLAIMS

In addition to federal FCRA claims, our Client may pursue claims under applicable state law, including:

☐ State credit reporting statutes with additional protections
☐ State unfair and deceptive trade practices acts
☐ Common law defamation
☐ Invasion of privacy
☐ Negligence

These claims may provide for additional damages, including treble damages and enhanced penalties not available under federal law.

XI. CONCLUSION

The FCRA exists to ensure accuracy in consumer credit reporting and provide consumers with meaningful recourse when that accuracy is compromised. Your violations have caused our Client significant harm, and we are committed to pursuing all available remedies.

We prefer to resolve this matter amicably, but we are fully prepared to litigate if necessary. Please give this matter your immediate attention.

All rights reserved. This letter is written without prejudice to any and all rights and remedies of our Client, all of which are expressly reserved.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ Consumer credit reports showing inaccurate information
☐ Dispute letters and correspondence
☐ CRA responses to disputes
☐ Documentation proving inaccuracy
☐ Evidence of damages
☐ Authorization to represent

cc: [CONSUMER NAME] (via email)
[CLIENT FILE]

APPENDIX: FCRA STATUTE OF LIMITATIONS

FCRA claims must be brought within the earlier of:
- Two (2) years after the date of discovery of the violation; or
- Five (5) years after the date on which the violation occurred

15 U.S.C. Section 1681p

This template is for informational purposes only and does not constitute legal advice. Consult with a licensed attorney in your jurisdiction before use.