In the United States District Court for the Eastern District of Pennsylvania
John Doe Plaintiff, v. Trans Union, LLC and Experian Information Solutions, Inc. and Equifax Information Services, LLC Defendants.
- I. Preliminary Statement
- This is an action for damages brought by an individual consumer against the Defendants for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C. §§ 1681 et seq., as amended.
II. Jurisdiction and Venue
2. Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. §§ 1331.
3. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).
- Plaintiff John Doe is an adult individual who resides in MI 48381.
- Defendant Trans Union, LLC (hereafter “TU) is a business entity that regularly conducts business in Philadelphia County, Pennsylvania, and which has a principal place of business located at 1510 Chester Pike, Crum Lynne, PA 19022.
- Defendant Experian Information Solutions, Inc. (hereafter “Experian”) is a business entity that regularly conducts business in Philadelphia County, Pennsylvania, and which has a principal place of business located at 5 Century Drive, Parsippany, New Jersey 07054.
- Defendant Equifax Information Services LLC (hereafter “EIS”) is a consumer reporting agency, which regularly conducts business in Philadelphia County, Pennsylvania, and which has a place of business located at 6 Clementon Road, East, Suite A2, Gibbsboro, New Jersey 08026.
IV. Factual Allegations
- Defendants have been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (hereafter the “inaccurate information”).
- The inaccurate information that TU is reporting includes a judgment with Midland Funding and accounts with Afni, Inc., Citifingerhut, LJ Ross, Portfolio Recovery, Superior Management and other personal information.
- The inaccurate information that Experian is reporting includes accounts with Afni, Inc., Portfolio Recovery, CFC Deficiency Recovery and other personal information.
- The inaccurate information that EIS is reporting includes a judgment with GE Money bank and accounts with Afni, Inc., Citifingerhut, LJ Ross, ACC/American Credit Collection, and other 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 credit worthiness. The inaccurate information consists of accounts and/or tradelines that do not belong to the Plaintiff, or which misrepresent the payment history and/or status of accounts that do belong to the Plaintiff as well as incorrect personal identifying information.
- Defendants TU, Experian and EIS have been reporting the inaccurate information through the issuance of false and inaccurate credit information and consumer credit reports that they have disseminated to various persons and credit grantors, both known and unknown.
- Plaintiff has applied for and has been denied a home loan with Gold Star Mortgage and the inaccurate information that appears on Plaintiff’s credit reports was a substantial factor for such lost credit opportunity.
- Plaintiff’s credit reports and file have been obtained from Defendants and have been reviewed several times by prospective and existing credit grantors and extenders of credit.
- As a result of Defendants’ conduct, Plaintiff has suffered actual damages in the form of a lost credit opportunity for a home loan in 2010.
- As a result of Defendants’ conduct, Plaintiff has also suffered actual damages in the form of distress, humiliation, embarrassment, anxiety, and frustration, and Plaintiff will continue to suffer the same for an indefinite time in the future, all to Plaintiff’s great detriment and loss.
- As a result of Defendants’ conduct, Plaintiff has also suffered actual damages in the form of injury to credit rating and reputation, and a decreased credit score, and Plaintiff will continue to suffer the same for an indefinite time in the future, all to Plaintiff’s great detriment and loss.
- At all times pertinent hereto, Defendants were acting by and through their 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 Defendants herein.
- At all times pertinent hereto, the conduct of the Defendants, as well as that of its agents, servants and/or employees, was malicious, intentional, willful, reckless, and in grossly negligent disregard for federal and state laws and the rights of the Plaintiff herein.
V. Count One- Violations of the FCRA
(Plaintiff v. TU, Experian and EIS)
- Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
- At all times pertinent hereto, Defendants were each a “person” and “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
- At all times pertinent hereto, the 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, Defendants are liable to the Plaintiff for engaging in the following conduct:
(a) willfully and negligently failing to employ and follow reasonable procedures to assure maximum possible accuracy and privacy of Plaintiff’s credit report, information and file, in violation of 15 U.S.C. § 1681e;
(b) willfully and negligently failing to properly and timely delete the inaccurate information from the Plaintiff’s credit files despite being unable to verify the accuracy of the information and/or being provided with proof of its inaccuracy; and
(c) willfully and negligently continuing to report the inaccurate information despite having knowledge of its inaccuracy and/or inability to be verified.
- The conduct of Defendants was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, actual damages and harm to the Plaintiff that are outlined more fully above and, as a result, Defendants are liable to the 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 Demanded
- Plaintiff demands trial by jury.
VII. Prayer for Relief
WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the Defendants, based on the following requested relief:
(a) Actual damages;
(b) Statutory damages;
(c) Punitive damages; and
(d) Costs and reasonable attorney’s fees pursuant to 15 U.S.C. §§ 1681n and 1681o.
FRANCIS & MAILMAN, P.C.
BY: /s/ John Soumilas
ERIN A. NOVAK
100 South Broad St.
Philadelphia, PA 19110
Dated: October 1, 2010 Attorneys for Plaintiff