UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
|JOHN DOE |
EXPERIAN INFORMATION SOLUTIONS, INC.
|Civil Action No. |
Complaint for Violations of Fair Credit Reporting Act
Demand for Jury Trial
I. Preliminary Statement
- This is an action for damages brought by an individual consumer against the Defendant for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq., as amended.
II. Jurisdiction and Venue
- Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. § 1331.
- Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).
- Plaintiff is an adult individual who resides in California.
- Defendant Experian Information Solutions, Inc. is a business entity and consumer reporting agency that regularly conducts business in the Central District of California, and which has its headquarters and a principal place of business located at 475 Anton Boulevard, Costa Mesa, CA 92626.
IV. Factual Allegations
- Defendant has been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (“inaccurate information”) from at least Februrary 2012 through present. The inaccurate information includes numerous tradelines, including, but not limited to, an account with American Honda Finance, Cach LLC/ Collect America, Calvary Portfolio Service, Educational EMP CU, GE Capital/ Dillards, GE JC Penny, HSBC Bank, HSBC Bank Nevada, Kay Jewelers, Macy’s, National Credit Adjusters, Nordstrom FSB, American General Finance, Wells Fargo Dealer Services, WFNNB/ Express, GECRB/ Banana Republic, GE Money Bank/ Gap, Target Corp and United Local CU, as well as identifying personal information.
- The inaccurate information negatively reflects upon the Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s creditworthiness. The inaccurate information consists of accounts and/or tradelines that do not belong to the Plaintiff, and that actually belong to at least one other consumer. Due to Defendant’s faulty procedures, Defendant mixed the credit file of Plaintiff and that of at least another consumer with respect to the inaccurate information and other personal identifying information.
- Defendant has been reporting the inaccurate information through the issuance of false and inaccurate credit information and consumer credit reports that it has disseminated to various persons and credit grantors, both known and unknown. Defendant has repeatedly published and disseminated consumer reports to such third parties from at least February 2012 through the present.
- Plaintiff’s credit report and file has been obtained from Defendant and has been reviewed by prospective and existing credit grantors and extenders of credit, and the inaccurate information has been a substantial factor in precluding Plaintiff from receiving different credit offers and opportunities, known and unknown. Plaintiff’s credit reports have been obtained from Defendant by such third parties from at least February 2012 through the present.
- As a result of Defendant’s conduct, Plaintiff has suffered actual damages in the form of credit denial or loss of credit opportunity, credit defamation and emotional distress, including anxiety, frustration, embarrassment and, humiliation.
- At all times pertinent hereto, Defendant was acting by and through its agents, servants and/or employees who were acting within the course and scope of their agency or employment, and under the direct supervision and control of the Defendant herein.
- At all times pertinent hereto, the conduct of the Defendant, as well as that of its agents, servants and/or employees, was intentional, willful, reckless, and in grossly negligent disregard for federal law and the rights of the Plaintiff herein.
V. First Claim for Relief
Violations of the FCRA
- Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
- At all times pertinent hereto, Experian was a “person” and a “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
- At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
- At all times pertinent hereto, the above-mentioned credit reports were “consumer reports” as that term is defined by 15 U.S.C. § 1681a(d).
- Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Defendant is liable to the Plaintiff for willfully and negligently failing to comply with the requirements imposed on a consumer reporting agency of information pursuant to 15 U.S.C. § 1681e(b).
- The conduct of Defendant was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, actual damages and harm to Plaintiff that are outlined more fully above and, as a result Defendant is liable to Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorney’s fees and the costs of litigation, as well as such further relief, as may be permitted by law.
VI. JURY TRIAL DEMAND
- Plaintiff demands trial by jury.
VII. Prayer for Relief
WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the Defendant, based on the following requested relief:
- Actual damages;
- Statutory damages;
- Punitive damages;
- Costs and reasonable attorney’s fees; and
- Other and further relief as may be necessary, just and proper.
Respectfully Submitted by:
THE WALL LAW OFFICE