FAIR CREDIT REPORTING ACT VIOLATION DEMAND LETTER

STATE OF TEXAS

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 Texas 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 Texas 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. TEXAS-SPECIFIC LEGAL FRAMEWORK

A. Federal FCRA Application in Texas

The Fair Credit Reporting Act applies with full force in Texas 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. Texas Deceptive Trade Practices-Consumer Protection Act

The Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA"), Tex. Bus. & Com. Code Section 17.41 et seq., is one of the most powerful consumer protection statutes in the nation.

Relevant DTPA Provisions:
- Section 17.46 defines deceptive trade practices (laundry list)
- Section 17.50 provides for consumer remedies
- Section 17.50(b) allows for additional damages for knowing or intentional violations

DTPA Remedies: Under Tex. Bus. & Com. Code Section 17.50, consumers may recover economic damages, mental anguish damages, and for knowing violations, up to three times economic damages. Attorney's fees are also available.

C. Texas Business & Commerce Code - Credit Reporting

Texas has additional credit reporting provisions under Tex. Bus. & Com. Code Section 20.01 et seq., governing consumer credit reporting and providing state-level protections.

D. Texas Identity Theft Enforcement and Protection Act

The Texas Identity Theft Enforcement and Protection Act, Tex. Bus. & Com. Code Section 521.001 et seq., provides comprehensive identity theft protections.

Security Freeze Rights: Under Tex. Bus. & Com. Code Section 20.034, Texas consumers have the right to place a security freeze on their credit files free of charge.

E. Statute of Limitations

F. Texas Attorney General Enforcement

The Texas Attorney General has authority to enforce consumer protection laws. Consumer complaints may be filed with the Texas Attorney General, Consumer Protection Division.

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 Texas 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 Texas 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. Texas State Law Violations

1. Texas DTPA

Your continued reporting of inaccurate information and failure to conduct reasonable investigations constitutes deceptive trade practices under Texas law. Under Tex. Bus. & Com. Code Section 17.46(b):

• (5) Representing that goods or services have characteristics they do not have
• (7) Representing that goods or services are of a particular standard, quality, or grade when they are not
• (24) Failing to disclose information concerning goods or services known to the defendant to be false or misleading

The Texas Supreme Court has held that the DTPA should be liberally construed to protect consumers. See Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535 (Tex. 1981).

2. DTPA Prerequisites

IMPORTANT: The DTPA requires that the consumer give written notice to the defendant at least 60 days before filing suit. Tex. Bus. & Com. Code Section 17.505. This letter serves as that required pre-suit notice.

3. Additional Damages for Knowing Violations

Under Tex. Bus. & Com. Code Section 17.50(b)(1), for knowing violations, the trier of fact may award up to three times economic damages.

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. Texas DTPA Damages

Under Tex. Bus. & Com. Code Section 17.50, our Client may recover economic damages and mental anguish damages. For knowing violations, up to three times economic damages may be awarded.

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 Tex. Bus. & Com. Code Section 17.50(d).

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

THIS LETTER CONSTITUTES THE 60-DAY PRE-SUIT NOTICE REQUIRED BY TEX. BUS. & COM. CODE SECTION 17.505.

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 sixty (60) days, representing:

IX. RESPONSE REQUIRED

Please respond to this demand in writing within sixty (60) days as required by Tex. Bus. & Com. Code Section 17.505. If we do not receive a satisfactory response, we will file suit in the United States District Court for the Northern, Southern, Eastern, or Western District of Texas or appropriate Texas state court.

X. CONCLUSION

The FCRA and Texas 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]
State Bar of Texas No. [NUMBER]
[ADDRESS]
[CITY, TEXAS 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]

TEXAS-SPECIFIC PRACTICE NOTES

[ ] Federal Venue: Northern District (Dallas, Fort Worth), Southern District (Houston, Galveston), Eastern District (Tyler, Beaumont), or Western District (San Antonio, Austin, El Paso)

[ ] State Court Option: Texas District Courts have concurrent jurisdiction over FCRA claims under 15 U.S.C. Section 1681p

[ ] DTPA 60-Day Notice: CRITICAL - Must provide 60-day pre-suit notice before filing DTPA claims under Tex. Bus. & Com. Code Section 17.505

[ ] Texas AG Complaints: File with Texas Attorney General, Consumer Protection Division, P.O. Box 12548, Austin, TX 78711

[ ] Security Freeze: Texas consumers can place free security freezes under Tex. Bus. & Com. Code Section 20.034

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

[ ] Mental Anguish Damages: Available under DTPA without physical injury requirement

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