FAIR CREDIT REPORTING ACT VIOLATION DEMAND LETTER

STATE OF FLORIDA

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 Florida state law, including the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. Section 501.201 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 federal and Florida state consumer protection laws. Florida has enacted comprehensive consumer protection statutes that supplement the federal FCRA. 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. FLORIDA-SPECIFIC LEGAL FRAMEWORK

A. Federal FCRA Application in Florida

The Fair Credit Reporting Act applies with full force in Florida. Florida is within the Eleventh Circuit, which has developed significant FCRA jurisprudence.

B. Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

FDUTPA, Fla. Stat. Section 501.201 et seq., provides broad consumer protections.

Prohibited Practices (Fla. Stat. Section 501.204):
- Unfair methods of competition
- Unconscionable acts or practices
- Deceptive acts or practices in the conduct of any trade or commerce

FDUTPA Remedies (Fla. Stat. Section 501.211):
- Actual damages
- Declaratory relief
- Injunctive relief
- Attorney's fees (Fla. Stat. Section 501.2105)
- Note: No punitive damages available under FDUTPA itself

Important: FDUTPA is patterned after the FTC Act and should be construed consistently with FTC and federal court interpretations of the FTC Act. Fla. Stat. Section 501.204(2).

C. Florida Consumer Collection Practices Act

The Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. Section 559.55 et seq., regulates debt collection practices and may apply to furnisher conduct.

Relevant Provisions:
- Fla. Stat. Section 559.72: Prohibited practices in collecting debts
- Fla. Stat. Section 559.77: Remedies (actual damages, statutory damages up to $1,000, attorney's fees)

D. Security Freeze Rights

Under Fla. Stat. Section 501.005, Florida consumers have security freeze rights:
- Free security freezes for all consumers
- CRAs must place freeze within 3 business days
- Temporary lift within 3 business days (15 minutes for electronic requests)
- Protected consumers (minors, incapacitated) have enhanced protections

E. Florida Identity Theft Laws

Florida addresses identity theft comprehensively:

Criminal Identity Theft (Fla. Stat. Section 817.568):
- Third-degree felony for basic identity theft
- Enhanced penalties for multiple victims or aggravating factors

Victim Rights (Fla. Stat. Section 817.5685):
- Right to file police reports
- Expedited fraud alerts
- Identity theft passport program
- Blocking of fraudulent information

F. Statute of Limitations

G. Florida Attorney General and Agency Enforcement

The Florida Attorney General has authority to enforce consumer protection laws through the Office of the Attorney General. The Florida Department of Agriculture and Consumer Services also handles consumer complaints.

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))

Florida FDUTPA Violations:

[ ] Unfair trade practices in credit reporting
[ ] Deceptive acts regarding accuracy of information
[ ] Unconscionable practices in dispute handling

Florida FCCPA Violations (if debt collection involved):

[ ] Prohibited collection practices (Fla. Stat. Section 559.72)
[ ] Communicating false credit information (Fla. Stat. Section 559.72(5))

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 Florida 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 Florida 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 Florida law enforcement
[ ] Florida 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). The Eleventh Circuit has addressed this standard in cases such as Cahlin v. General Motors Acceptance Corp., 936 F.2d 1151 (11th Cir. 1991).

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. The Eleventh Circuit has held that this requires more than merely verifying internal records.

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

B. Florida State Law Violations

1. FDUTPA Violations

Your conduct constitutes violations of FDUTPA under Fla. Stat. Section 501.204:

• Deceptive Practices: Misrepresenting the accuracy and reliability of credit information
• Unfair Practices: Maintaining inaccurate information despite disputes
• Unconscionable Conduct: Failing to conduct meaningful investigations

Under PNR, Inc. v. Beacon Prop. Mgmt., Inc., 842 So. 2d 773 (Fla. 2003), FDUTPA is to be liberally construed.

2. FCCPA Violations (if applicable)

If the inaccurate reporting involves debt collection, your conduct may violate Fla. Stat. Section 559.72(5), which prohibits communicating false credit information.

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. Florida FCCPA Damages (if applicable)

Under Fla. Stat. Section 559.77:
- Actual damages
- Statutory damages up to $1,000 per violation

D. Punitive Damages

Punitive damages are available under 15 U.S.C. Section 1681n(a)(2) for willful FCRA violations. Note: FDUTPA does not provide for punitive damages, but the federal FCRA does.

E. Attorney's Fees and Costs

As the prevailing party, our Client is entitled to recover reasonable attorney's fees under:
- 15 U.S.C. Section 1681n(a)(3) and 1681o(a)(2) (federal FCRA)
- Fla. Stat. Section 501.2105 (FDUTPA)
- Fla. Stat. Section 559.77(2) (FCCPA, if applicable)

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 [Northern/Middle/Southern] District of Florida or appropriate Florida state court.

X. CONCLUSION

The FCRA and Florida 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]
Florida Bar No. [NUMBER]
[ADDRESS]
[CITY, FLORIDA 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]

FLORIDA-SPECIFIC PRACTICE NOTES

[ ] Federal Venue: Northern District (Pensacola, Tallahassee, Gainesville), Middle District (Tampa, Orlando, Jacksonville, Fort Myers), or Southern District (Miami, Fort Lauderdale, West Palm Beach)

[ ] Eleventh Circuit: Florida is in the Eleventh Circuit

[ ] FDUTPA: 4-year statute of limitations; no punitive damages but mandatory attorney's fees

[ ] FCCPA: Applies to debt collection; $1,000 statutory damages per violation available

[ ] AG Complaints: File with Florida Attorney General, Office of the Attorney General, The Capitol PL-01, Tallahassee, FL 32399-1050

[ ] FDACS Complaints: Florida Department of Agriculture and Consumer Services also handles consumer complaints

[ ] Security Freeze: Free under Fla. Stat. Section 501.005

[ ] Identity Theft Passport: Available through Florida Department of Law Enforcement

[ ] Offer of Judgment: Florida's offer of judgment rule (Fla. Stat. Section 768.79) affects fee recovery strategy

[ ] Florida-Specific Discovery: Florida has broad discovery rules that may benefit consumers

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