FAIR CREDIT REPORTING ACT VIOLATION DEMAND LETTER

STATE OF ALASKA

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., and applicable Alaska state law. 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 and potentially Alaska state consumer protection laws. Our Client has suffered concrete harm as a direct result of your failure to comply with applicable 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. ALASKA-SPECIFIC LEGAL FRAMEWORK

A. Federal FCRA Application in Alaska

The Fair Credit Reporting Act applies with full force in Alaska. The state is within the Ninth Circuit, which has developed significant FCRA jurisprudence. See, e.g., Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 (9th Cir. 2009) (establishing furnisher investigation duties).

B. Alaska Unfair Trade Practices and Consumer Protection Act

The Alaska Unfair Trade Practices and Consumer Protection Act ("UTPA"), AS 45.50.471 et seq., provides robust consumer protections that may supplement federal FCRA claims.

Prohibited Practices under AS 45.50.471:
- Representing that goods or services have characteristics they do not have
- Misrepresenting the source, sponsorship, or quality of services
- Engaging in other unfair methods of competition or unfair or deceptive acts

UTPA Remedies (AS 45.50.531):
- Actual damages or $500, whichever is greater
- Treble damages for willful violations (up to three times actual damages)
- Reasonable attorney's fees

C. Alaska Personal Information Protection Act

Alaska's Personal Information Protection Act, AS 45.48.010 et seq., requires businesses to protect personal information and provides notification requirements for data breaches. This may be relevant in cases involving identity theft or data security issues.

D. Security Freeze Rights

Under AS 45.48.100 et seq., Alaska consumers have the right to place a security freeze on their credit reports. CRAs must:
- Place or remove a freeze within three business days of receiving a request
- Provide free freezes for identity theft victims and certain other consumers
- Not charge more than $5 for placing or temporarily lifting a freeze (for non-victims)

E. Statute of Limitations

F. Alaska Attorney General Enforcement

The Alaska Attorney General has authority to enforce consumer protection laws under AS 45.50.501. Consumers may file complaints with the Consumer Protection Unit of the Alaska Department of Law.

III. 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))

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))

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))

IV. STATEMENT OF FACTS

A. Background

Our Client, [CONSUMER FULL NAME], is a resident of Alaska and 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]

D. Evidence of Inaccuracy

Our Client possesses documentation proving the reported information is inaccurate, including:

[ ] Court records (bankruptcy discharge, judgment satisfaction, case dismissal)
[ ] Payment records and receipts
[ ] Account statements showing accurate information
[ ] Identity theft report (FTC Affidavit)
[ ] Police report filed with Alaska law enforcement
[ ] Correspondence with creditor
[ ] Other: [SPECIFY]

V. LEGAL ANALYSIS

A. Federal FCRA Violations

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

The FCRA requires CRAs to "follow reasonable procedures to assure maximum possible accuracy." 15 U.S.C. Section 1681e(b). The Ninth Circuit has held that this duty is ongoing and non-delegable. See Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329 (9th Cir. 1995).

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

2. Reasonable Reinvestigation - Section 1681i(a)

Upon receiving notice of a dispute, furnishers must conduct a reasonable investigation. The Ninth Circuit has held that merely verifying with internal records without meaningful review is insufficient. Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1157 (9th Cir. 2009).

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

B. Alaska State Law Violations

1. Alaska Unfair Trade Practices and Consumer Protection Act

Your conduct constitutes unfair or deceptive trade practices under Alaska law:

• Misrepresenting the accuracy of credit information
• Failing to adequately investigate disputes
• Causing consumer harm through inaccurate reporting

Under State v. First Nat'l Bank of Anchorage, 660 P.2d 406 (Alaska 1982), the UTPA is to be liberally construed to protect consumers.

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 knowing or reckless. Your conduct was [knowing/reckless] because:

[EXPLAIN WHY CONDUCT WAS WILLFUL]

VI. DAMAGES

A. Actual Damages

Our Client has suffered the following actual damages:

Credit-Related Damages:
[ ] Denial of credit: [DESCRIBE]
[ ] Increased interest rates: [CALCULATE ADDITIONAL COST]
[ ] Denial of housing/apartment application
[ ] Employment denial or adverse action

Emotional Distress:
[ ] Anxiety and worry
[ ] Embarrassment and humiliation
[ ] Frustration from repeated disputes

Out-of-Pocket Expenses:
[ ] Credit monitoring services: $[AMOUNT]
[ ] Certified mail and postage: $[AMOUNT]
[ ] Time spent disputing: $[AMOUNT]

B. Statutory Damages - Federal FCRA

For willful violations, our Client is entitled to statutory damages of $100-$1,000 per violation under 15 U.S.C. Section 1681n(a)(1)(A).

C. Alaska UTPA Damages

Under AS 45.50.531:
- Minimum $500 or actual damages, whichever is greater
- Treble damages for willful violations
- Reasonable attorney's fees

D. Punitive Damages

Punitive damages are available under 15 U.S.C. Section 1681n(a)(2) for willful FCRA violations.

E. Attorney's Fees and Costs

As the prevailing party, our Client is entitled to recover reasonable attorney's fees under both federal and Alaska law.

VII. 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 ACDV/AUD forms and e-OSCAR records
• Policies and procedures for investigating disputes
• Training materials for dispute investigation personnel

VIII. DEMAND FOR SETTLEMENT

To resolve this matter without litigation, we demand:

Immediate Corrective Action:

1. Deletion/Correction: Immediate permanent deletion or correction of all inaccurate information
2. Written Confirmation: Written confirmation within fourteen (14) days
3. Suppression Code: Application of codes to prevent reinsertion

Monetary Compensation:

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

IX. RESPONSE REQUIRED

Please respond to this demand in writing within thirty (30) days. If we do not receive a satisfactory response, we will file suit in the United States District Court for the District of Alaska or appropriate Alaska state court.

X. CONCLUSION

The FCRA and Alaska consumer protection laws exist to ensure accuracy in consumer credit reporting. Your violations have caused our Client significant harm. We prefer to resolve this matter amicably but are fully prepared to litigate if necessary.

All rights reserved.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Alaska Bar Association No. [NUMBER]
[ADDRESS]
[CITY, ALASKA 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]

ALASKA-SPECIFIC PRACTICE NOTES

[ ] Federal Venue: District of Alaska (Anchorage, Fairbanks, or Juneau divisions)

[ ] Ninth Circuit Precedent: Alaska is in the Ninth Circuit, which has favorable FCRA precedent including Gorman and Guimond

[ ] Alaska UTPA Benefits: Minimum $500 damages even without proof of actual harm; treble damages for willful violations

[ ] AG Complaints: File with Alaska Department of Law, Consumer Protection Unit, 1031 W. 4th Avenue, Suite 200, Anchorage, AK 99501

[ ] Security Freeze: Alaska consumers have rights under AS 45.48.100; free for identity theft victims

[ ] Remote Location Considerations: Alaska's geography may affect service and venue considerations

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