FAIR CREDIT REPORTING ACT VIOLATION DEMAND LETTER

STATE OF SOUTH CAROLINA

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 South Carolina 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 South Carolina 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. SOUTH CAROLINA-SPECIFIC LEGAL FRAMEWORK

A. Federal FCRA Application in South Carolina

The Fair Credit Reporting Act applies with full force in South Carolina through federal preemption. However, 15 U.S.C. Section 1681t(a) preserves state law claims that are not inconsistent with federal law, and Section 1681h(e) allows state defamation, invasion of privacy, and negligence claims when malice or willful intent is shown.

B. South Carolina Unfair Trade Practices Act

The South Carolina Unfair Trade Practices Act ("SCUTPA"), S.C. Code Ann. Section 39-5-10 et seq., provides comprehensive consumer protection against unfair and deceptive trade practices.

Relevant SCUTPA Provisions:
- Section 39-5-20 prohibits unfair or deceptive acts or practices in trade or commerce
- Section 39-5-140 provides for private causes of action
- Treble damages are available for willful or knowing violations

SCUTPA Remedies: Under S.C. Code Ann. Section 39-5-140, consumers may recover actual damages. For willful or knowing violations, the court shall award treble damages or $200, whichever is greater, plus attorney's fees.

C. South Carolina Consumer Protection Code

S.C. Code Ann. Section 37-1-101 et seq. provides additional consumer credit protections and remedies.

D. South Carolina Identity Theft Protection

South Carolina's identity theft protections are found in S.C. Code Ann. Section 16-13-500 et seq., providing criminal penalties and victim remedies.

Security Freeze Rights: Under S.C. Code Ann. Section 37-20-160, South Carolina consumers have the right to place a security freeze on their credit files free of charge.

E. Statute of Limitations

F. South Carolina Attorney General Enforcement

The South Carolina Attorney General has authority to enforce consumer protection laws. Consumer complaints may be filed with the South Carolina Department of Consumer Affairs.

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 South Carolina 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 South Carolina 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 of the information concerning the individual about whom the report relates." 15 U.S.C. Section 1681e(b).

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." 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).

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

B. South Carolina State Law Violations

1. South Carolina UTPA

Your continued reporting of inaccurate information and failure to conduct reasonable investigations constitutes unfair or deceptive acts or practices under South Carolina law. Under S.C. Code Ann. Section 39-5-20:

• Misrepresenting the characteristics of services
• Engaging in deceptive practices affecting South Carolina commerce
• Acts or practices which offend established public policy

The South Carolina Supreme Court has held that the SCUTPA is to be liberally construed. See Wogan v. Kunze, 366 S.C. 583 (2005).

2. Mandatory Treble Damages for Willful Violations

Under S.C. Code Ann. Section 39-5-140(a), for willful or knowing violations, the court "shall" award treble damages or $200, whichever is greater. This is mandatory upon a finding of willfulness.

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]

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
[ ] Security deposit requirements

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

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. South Carolina UTPA Treble Damages

For willful or knowing violations of the South Carolina Unfair Trade Practices Act, our Client is entitled to mandatory treble damages or $200, whichever is greater, under S.C. Code Ann. Section 39-5-140(a).

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 law and S.C. Code Ann. Section 39-5-140(a).

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 South Carolina or appropriate South Carolina state court.

X. CONCLUSION

The FCRA and South Carolina 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]
South Carolina Bar No. [NUMBER]
[ADDRESS]
[CITY, SOUTH CAROLINA 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]

SOUTH CAROLINA-SPECIFIC PRACTICE NOTES

[ ] Federal Venue: United States District Court for the District of South Carolina (Columbia, Charleston, Greenville, Florence)

[ ] State Court Option: South Carolina Courts of Common Pleas have concurrent jurisdiction over FCRA claims under 15 U.S.C. Section 1681p

[ ] SC Consumer Complaints: File with South Carolina Department of Consumer Affairs, 293 Greystone Boulevard, Columbia, SC 29210

[ ] SCUTPA Treble Damages: Mandatory for willful or knowing violations - not discretionary

[ ] Security Freeze: South Carolina consumers can place free security freezes under S.C. Code Ann. Section 37-20-160

[ ] Identity Theft Victims: May obtain free credit reports and place fraud alerts under both federal and South Carolina law

[ ] Impact Requirement: SCUTPA requires showing adverse impact on public interest; individual claims should be tied to broader deceptive practices

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