FAIR CREDIT REPORTING ACT VIOLATION DEMAND LETTER

STATE OF WEST VIRGINIA

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 West Virginia 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 West Virginia 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. WEST VIRGINIA-SPECIFIC LEGAL FRAMEWORK

A. Federal FCRA Application in West Virginia

The Fair Credit Reporting Act applies with full force in West Virginia 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. West Virginia Consumer Credit and Protection Act

The West Virginia Consumer Credit and Protection Act ("CCPA"), W. Va. Code Section 46A-1-101 et seq., provides comprehensive consumer protection against unfair, deceptive, and illegal practices.

Relevant CCPA Provisions:
- Section 46A-6-104 prohibits unfair or deceptive acts or practices
- Section 46A-6-106 provides for private causes of action
- Actual damages plus attorney's fees are recoverable

CCPA Remedies: Under W. Va. Code Section 46A-6-106, consumers may recover actual damages plus reasonable attorney's fees. The court may also award punitive damages for willful violations.

C. West Virginia Credit Services Organization Act

W. Va. Code Section 46A-6C-1 et seq. regulates credit services organizations and provides additional consumer protections.

D. West Virginia Identity Theft Protection

West Virginia's identity theft protections are found in W. Va. Code Section 61-3-54, providing criminal penalties for identity fraud.

Security Freeze Rights: Under W. Va. Code Section 46A-6J-1 et seq., West Virginia consumers have the right to place a security freeze on their credit files free of charge.

E. Statute of Limitations

F. West Virginia Attorney General Enforcement

The West Virginia Attorney General has authority to enforce consumer protection laws. Consumer complaints may be filed with the West Virginia Attorney General's 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 West Virginia 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 West Virginia 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. West Virginia State Law Violations

1. West Virginia Consumer Credit and Protection Act

Your continued reporting of inaccurate information and failure to conduct reasonable investigations constitutes unfair or deceptive acts or practices under West Virginia law. Under W. Va. Code Section 46A-6-104:

• Making false or misleading representations concerning consumer services
• Engaging in deceptive practices in trade or commerce
• Using unconscionable methods in business dealings

The West Virginia Supreme Court of Appeals has held that the CCPA should be liberally construed to protect consumers. See State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W. Va. 770 (1995).

2. Punitive Damages for Willful Violations

Under West Virginia law, punitive damages may be awarded for willful, wanton, or reckless violations of consumer protection laws.

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. West Virginia CCPA Damages

Under W. Va. Code Section 46A-6-106, our Client may recover actual damages. Punitive damages may also be available for willful violations.

D. Punitive Damages

Punitive damages are available under 15 U.S.C. Section 1681n(a)(2) for willful FCRA violations and may be available under West Virginia law for willful 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 W. Va. Code Section 46A-6-106.

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 or Southern District of West Virginia or appropriate West Virginia state court.

X. CONCLUSION

The FCRA and West Virginia 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]
West Virginia State Bar No. [NUMBER]
[ADDRESS]
[CITY, WEST VIRGINIA 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]

WEST VIRGINIA-SPECIFIC PRACTICE NOTES

[ ] Federal Venue: Northern District (Wheeling, Clarksburg, Elkins, Martinsburg) or Southern District (Charleston, Huntington, Beckley, Bluefield)

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

[ ] West Virginia AG Complaints: File with West Virginia Attorney General, Consumer Protection Division, P.O. Box 1789, Charleston, WV 25326

[ ] Security Freeze: West Virginia consumers can place free security freezes under W. Va. Code Section 46A-6J-1 et seq.

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

[ ] CCPA 4-Year Limitations: Extended statute of limitations provides ample time for state law claims

[ ] Punitive Damages: Available for willful, wanton, or reckless violations

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