FAIR CREDIT REPORTING ACT VIOLATION DEMAND LETTER

STATE OF CONNECTICUT

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., the Connecticut Unfair Trade Practices Act ("CUTPA"), Conn. Gen. Stat. Section 42-110a et seq., and other applicable Connecticut 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 federal and Connecticut state consumer protection laws. Connecticut's CUTPA provides one of the strongest consumer protection frameworks in the nation, 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. CONNECTICUT-SPECIFIC LEGAL FRAMEWORK

A. Connecticut Unfair Trade Practices Act (CUTPA)

CUTPA, Conn. Gen. Stat. Section 42-110a et seq., is one of the most powerful consumer protection statutes in the United States.

Prohibited Conduct (Conn. Gen. Stat. Section 42-110b):
- Unfair methods of competition
- Unfair or deceptive acts or practices in the conduct of any trade or commerce

CUTPA "Cigarette Rule" Test: Connecticut courts apply the FTC's three-prong test for unfairness:
1. Whether the practice offends public policy
2. Whether it is immoral, unethical, oppressive, or unscrupulous
3. Whether it causes substantial injury to consumers

See Cheshire Mortgage Service, Inc. v. Montes, 223 Conn. 80 (1992).

CUTPA Remedies (Conn. Gen. Stat. Section 42-110g):
- Actual damages
- Punitive damages (in the court's discretion)
- Reasonable attorney's fees
- Costs of suit
- Injunctive relief

B. Connecticut Credit Rating Correction Act

Connecticut has enacted the Credit Rating Correction Act, Conn. Gen. Stat. Section 36a-695 et seq., which provides additional protections:
- Section 36a-696: Consumer rights to dispute inaccurate information
- Section 36a-697: CRA reinvestigation obligations
- Section 36a-698: Rights upon identity theft

C. Connecticut Data Privacy Act

The Connecticut Data Privacy Act, effective July 1, 2023, provides additional consumer data rights:
- Right to access personal data
- Right to correct inaccurate personal data
- Right to delete personal data
- Right to obtain portable copy of personal data
- Right to opt-out of data sales and targeted advertising

D. Security Freeze Rights

Under Conn. Gen. Stat. Section 36a-701a et seq., Connecticut consumers have robust security freeze rights:
- Free security freezes for all consumers
- CRAs must place freeze within 5 business days
- Temporary lift must be processed within 3 business days
- Protected consumers (minors, incapacitated) have enhanced protections

E. Connecticut Identity Theft Laws

Connecticut addresses identity theft under Conn. Gen. Stat. Section 53a-129a et seq.:
- Identity theft is a Class D felony
- Victims have right to file police reports
- Identity theft passport program available
- Enhanced credit report rights for victims

F. Statute of Limitations

G. Connecticut Attorney General Enforcement

The Connecticut Attorney General has broad authority to enforce consumer protection laws. Complaints may be filed with the Connecticut Attorney General's Consumer Protection Department.

III. SUMMARY OF VIOLATIONS

Federal FCRA Violations - CRA:

[ ] 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))
[ ] Improper reinsertion of previously deleted information (15 U.S.C. Section 1681i(a)(5)(B))

Federal FCRA Violations - Furnisher:

[ ] 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 conduct reasonable investigation upon notice of dispute (15 U.S.C. Section 1681s-2(b)(1))
[ ] Failure to modify, delete, or permanently block inaccurate information (15 U.S.C. Section 1681s-2(b)(1)(D))

Connecticut Credit Rating Correction Act Violations:

[ ] Failure to follow reasonable procedures regarding accuracy (Conn. Gen. Stat. Section 36a-696)
[ ] Failure to properly reinvestigate disputes (Conn. Gen. Stat. Section 36a-697)

CUTPA Violations:

[ ] Unfair trade practices in credit reporting
[ ] Deceptive acts in investigation and verification processes
[ ] Practices causing substantial consumer injury

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))

IV. STATEMENT OF FACTS

A. Background

Our Client, [CONSUMER FULL NAME], is a resident of Connecticut 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] subject to both federal and Connecticut law.

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]

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 Connecticut law enforcement
[ ] Connecticut Identity Theft Passport (if applicable)
[ ] 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). Connecticut is in the Second Circuit, which has addressed FCRA requirements.

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

2. Furnisher Investigation Duties - Section 1681s-2(b)

Furnishers must conduct reasonable investigations upon receiving notice of disputes. Merely confirming internal records without meaningful review is insufficient.

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

B. Connecticut State Law Violations

1. CUTPA Violations

Your conduct constitutes unfair and deceptive trade practices under CUTPA:

Prong 1 - Public Policy: FCRA violations offend established public policy protecting consumer credit accuracy.

Prong 2 - Unethical/Oppressive Conduct: Your failure to properly investigate disputes and continued reporting of inaccurate information is unethical and oppressive.

Prong 3 - Substantial Consumer Injury: Our Client has suffered substantial injury including [describe damages].

Under Willow Springs Condo. Ass'n v. Seventh BRT Dev. Corp., 245 Conn. 1 (1998), a practice is unfair if it meets any one of these prongs.

2. Credit Rating Correction Act Violations

Your conduct violates Connecticut's Credit Rating Correction Act:
- Failure to reinvestigate disputes properly (Conn. Gen. Stat. Section 36a-697)
- Failure to maintain accurate information (Conn. Gen. Stat. Section 36a-696)

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: $100-$1,000 per violation under 15 U.S.C. Section 1681n(a)(1)(A).

C. CUTPA Damages

Under Conn. Gen. Stat. Section 42-110g:
- Actual damages
- Punitive damages (in the court's discretion)
- Reasonable attorney's fees
- Costs of litigation

D. Punitive Damages

Punitive damages are available under both:
- 15 U.S.C. Section 1681n(a)(2) for willful FCRA violations
- Conn. Gen. Stat. Section 42-110g(a) for CUTPA 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 Connecticut 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 Connecticut or appropriate Connecticut Superior Court.

X. CONCLUSION

The FCRA and Connecticut consumer protection laws, particularly CUTPA, exist to ensure accuracy in consumer credit reporting and protect Connecticut consumers. 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]
Connecticut Bar No. [NUMBER]
[ADDRESS]
[CITY, CONNECTICUT 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]

CONNECTICUT-SPECIFIC PRACTICE NOTES

[ ] Federal Venue: District of Connecticut (Hartford, New Haven, Bridgeport)

[ ] Second Circuit: Connecticut is in the Second Circuit

[ ] CUTPA Power: One of the strongest consumer protection statutes in the nation; punitive damages available

[ ] CUTPA Test: Apply the "Cigarette Rule" three-prong test - violation of any prong is sufficient

[ ] Attorney's Fees: Mandatory award under CUTPA for prevailing plaintiffs

[ ] AG Complaints: File with Connecticut Attorney General, Consumer Protection Department, 165 Capitol Avenue, Hartford, CT 06106

[ ] Security Freeze: Free under Conn. Gen. Stat. Section 36a-701a

[ ] Connecticut Data Privacy Act: Additional data rights effective July 1, 2023

[ ] Identity Theft Passport: Available through Connecticut State Police

[ ] Offer of Judgment: Be mindful of Connecticut's offer of judgment rules for fee recovery

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