Pennsylvania Complaint Against All Three Credit Bureaus for Reporting False and Inaccurate Information on Consumer Credit Reports by Mixing Information of Another Consumer

IN THE UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF PENNSYLVANIA

 

JOHN DOE            Plaintiff,            v.   TRANS UNION, LLC, EXPERIAN INFORMATION SOLUTIONS, INC., EQUIFAX INFORMATION SERVICES, LLC             Defendants.

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Civil Action No.

 

Complaint

Preliminary Statement

 

1.  This is an action for damages brought by individual consumer, Adil Sefer, against Defendants for violations of the Fair Credit Reporting Act (hereinafter the “FCRA”),    15 U.S.C. §§ 1681, et seq.

The Parties

1. Plaintiff  is an adult individual residing in Michigan.
2. Defendant, Trans Union, LLC (hereafter “Trans Union”), is a business entity which regularly conducts business in the Eastern District of Pennsylvania and which has a principal place of business located at 1510 Chester Pike, Crum Lynne, PA 19022.
3. Defendant, Experian Information Solutions, Inc., (hereafter “Experian”) is a business entity which regularly conducts business in the Eastern District of Pennsylvania and which has a principal place of business located at 5 Century Drive, Parsippany, New Jersey 07054.
4. Defendant, Equifax Information Services LLC (hereafter “Equifax”) is a business entity which regularly conducts business in the Eastern District of Pennsylvania and which has a principal place of business located at 6 Clementon Road, East, Suite A2, Gibbsboro, New Jersey 08026.

JURISDICTION & VENUE

1. Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. § 1331..
2. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).

Factual Allegations

1. 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”) since at least April 2012 through the present.
2. The inaccurate information includes, but is not limited to, a bankruptcy, a civil judgment, collection accounts with Access Receivables, Accounts Receivables Solutions, AFNI, Allied Collection Group, CBCS, Capital One, Central Prof Services, Ingram and Associates, Money Recovery Nationwide, Premier Credit Corporation, an account with Office of Child Support, an Active Duty designation, and personal information that does not belong to Plaintiff.
3. 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, and that actually belong to another consumer.  Due to Defendants’ faulty procedures, Defendants mixed the credit file of Plaintiff and that of another consumer with respect to the inaccurate information and other personal identifying information.
4. Defendants 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.
5. Plaintiff’s credit reports and file have been obtained from Defendants and have been reviewed many times by prospective and existing credit grantors and extenders of credit, and the inaccurate information has been a substantial factor in precluding Plaintiff from receiving many different credit offers and opportunities, known and unknown, and from receiving the most favorable terms in financing and interest rates for credit offers that were ultimately made.
6. As a result of Defendants’ conduct, Plaintiff has suffered actual damages in the form of lost credit opportunities, harm to credit reputation and credit score, and emotional distress.
7. 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.
8. At all times pertinent hereto, the conduct of the Defendants, as well as that of their 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.

COUNT I – ALL DEFENDANTS

VIOLATIONS OF THE FCRA

1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
2. At all times pertinent hereto, Defendants were “persons” and “consumer reporting agencies” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
3. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
4. 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).
5. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Defendants are liable to the Plaintiff for willfully and negligently failing to employ and follow reasonable procedures to assure maximum possible accuracy of Plaintiff’s credit report, information and file, in violation of 15 U.S.C. §1681e(b).
6. 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 Plaintiff that are outlined more fully above and, as a result, Defendants are liable to Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorneys’ fees and the costs of litigation.

JURY TRIAL DEMAND

1. Plaintiff demands trial by jury on all issues so triable.

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;

(d) Costs and reasonable attorneys’ fees pursuant to 15 U.S.C. §§ 1681n, and 1681o; and

(e) Such other and further relief as may be necessary, just and proper.

 

Respectfully Submitted,

FRANCIS & MAILMAN, P.C.                             

BY:        /s/ Mark Mailman                            

MARK MAILMAN, ESQUIRE

GREGORY GORSKI, ESQUIRE

Land Title Building, 19th Floor

100 South Broad Street

Philadelphia, PA 19110

(215) 735-8600

Attorneys for Plaintiff