Please Critique my OC Lawsuit

My lawsuit against an OC for failure to mark an account in dispute and for damages/loss of opportunity associated with that.
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David L.
(Plaintiff)

Vs

Original Creditor
(Defendant)


COMPLAINT

STATEMENT OF FACTS

Plaintiff (David L.) sues Original Creditor (Defendant) and alleges:

1. This is an action for damages which does not exceed $15,000.

2. Plaintiff claims the amount of $15,000 as being due from Defendant for multiple violations of the Fair Credit Reporting Act (FCRA) and from actual damages substained from the Defendant's actions including loss of opportunity.

3. Defendant, (Original Creditor) is a cellular telephone company doing business in the County of xxx, state of Georgia.

4. Plaintiff files this Complaint in the xxxx County Court under section § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] of the Fair Credit Reporting Act stating an action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises.

5. Due to several accounts (three) being listed by the Defendant of the Plaintiff's credit report, Plaintiff sent Defendant a dispute letter requesting to investigate the matter. Plaintiff sent the dispute letter via Certified Mail/Return Receipt (7002 0460 0002 7803 xxxx) on June 11th, 2003.

6. On June 12th, 2003 the Defendant received and signed for the Plaintiff's dispute letter, requesting to investigate the matter.

7. The Plaintiff received the signed green card from the Defendant on June 14th, 2003.

8. Plaintiff never received any return corespondence from the Defendant.

9. On June 13th, Plaintiff disputed the three accounts the the three major credit bureaus. (Equifax, TransUnion, Experian). The Defendant verified each of the three accounts with every credit bureau but failed to inform the credit bureaus the each account was being disputed by the Plaintiff - a violation of the FCRA.

COUNT (1 THROUGH 3) AGAINST DEFENDANT
VIOLATION OF THE FAIR CREDIT REPORTING ACT

10. Plaintiff re-alleges the allegations set forth in the Paragraphs 1 through 9 hereinabove.

11. Per the Fair Credit Reporting Act, Section § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

12. The Plaintiff sent the Defendant a letter of dispute for each of three accounts and the Defendant furnished and verified each account with the Credit Bureaus without notifying the Credit Bureaus that each account was being disputed by the Plaintiff.

13. According to the Fair Credit Reporting Act, 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000, (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

14. Plaintiff has a negative Experian credit score of 598 as of this date and has been denied credit at reasonable rates because of the negligent noncompliance actions and/or inactions of the Defendant.

15. According to the Fair Credit Reporting Act, 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

THEREFORE Plaintiff requests judgment against Defendant for damages of $2,000 plus costs and fees.

COUNT (4 THROUGH 6) AGAINST DEFENDANT
VIOLATION OF THE FAIR CREDIT REPORTING ACT

16. Plaintiff re-alleges the allegations set forth in paragraphs 1 through 15 hereinabove.

17. Per the Fair Credit Reporting Act, Section § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

18. After the Defendant failed to respond to the Plaintiff about either account, and 30 days after the Plaintiff's original dispute letter, the Plaintiff again sent another dispute letter to the Defendant on July 11th, 2003. The letter stated that the Plaintiff was in full dispute of each account and requested that the matter be investigated. Plaintiff sent this second letter Certified Mail/Return Receipt (7003 0500 0001 8570 xxxx) on July 12th, 2003.

19. On July 14th, 2003, the Defendant received and signed for the Plaintiff's second dispute letter, requesting to investigate the matter.

20. The Plaintiff received the signed green card from the Defendant on July 16th, 2003.

21. Plaintiff disputed each of the three accounts with the Equifax on July 15th, 2003. The Defendant verified all three accounts with Equifax but failed to notify or inform Equifax the each account was being disputed by the Plaintiff.

22. According to the Fair Credit Reporting Act, 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000, (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

23. Plaintiff has a negative Experian credit score of 598 as of this date and has been denied credit at reasonable rates because of the negligent noncompliance actions and/or inactions of the Defendant. Plaintiff applied for a credit card and was denied because of the actions and/or inactions of the Defendant. Plaintiff also applied for a $10,000 personal loan and was denied because of the actions and/or inactions of the Defendant. On August 25th, 2003, the Plaintiff was denied employment by ABC company because of the actions and/or inactions of the Defendant.

24. According to the Fair Credit Reporting Act, 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

25. On August 15th, 2003, Plaintiff sent Defendant a "NOTICE OF INTENT TO FILE LAWSUIT" letter informing Defendant of their violations/and liability. Plaintiff requested immediate deletion of accounts within 72 hours as a last chance to avoid a lawsuit, but again the Defendant failed to respond.

THEREFORE Plaintiff requests judgment against Defendant for damages of $2,000 for multiple violations of the Fair Credit Reporting Act and the Plaintiff request judgment against Defendant for damages of $11,000 for actual/punative damages and loss of opportunity.

WHEREFORE, the Defendant have violated the Fair Credit Reporting Act which resulted in actual damages and loss of opportunity for the Plaintiff. Plaintiff demands judgment in the amount of $15,000.00, plus all costs of this action.

FURTHER, sayeth naught.
STATE OF STATE
COUNTY OF COUNTY

Plaintiff being duly sworn on oath, says the foregoing is a just and true statement of the amount due by the Defendant to the Plaintiff, for violations of the Fair Credit Reporting Act, exclusive of all set-offs and just grounds from defense.

__________________________
Plaintiff

Signature

 

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Re: Re: Please Critique my OC Lawsuit

If you don't mind me asking, what were your damages, and what made you willing to file in Federal Court vs. Small Claims? And if you were to file in Federal Court, were you going to proceed Pro Se??