IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
| Jane Doe Plaintiff, |
EXPERIAN INFORMATION SOLUTIONS, INC.
- I. Preliminary Statement
- This is an action for damages brought by individual consumer, Mary Ann Materniak, against Experian Information Solutions, Inc. (hereafter “Defendant”) for violations of the Fair Credit Reporting Act (hereafter the “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, 1337.
- Venue lies properly in this district pursuant to 28 U.S.C. §1391(b).
- Plaintiff Jane Doe is an adult individual residing in Hammonton, NJ.
- Defendant Experian Information Solutions, Inc. (hereafter “Experian”) is a business entity which regularly conducts business in New Jersey and which has a principal place of business located at 5 Century Drive, Parsippany, New Jersey 07054.
IV. Factual Allegations
- Defendant has 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 includes, but is not limited to, accounts with Asset Acceptance, Consumer Adjustment Company, FirstSource Financial Solution, Osi Collection Services, Tek-Collect, and other personal information.
- The inaccurate information negatively reflects upon Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s credit worthiness. The inaccurate information consists of an amount and/or debt that does not belong to 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.
- Defendant has been reporting the inaccurate information through the issuance of false and inaccurate credit information and consumer credit reports that Defendant has disseminated to various persons and credit grantors, both known and unknown.
- Plaintiff has applied for and has been denied various automobile loans, inter alia, and the inaccurate information that appears on Plaintiff’s Experian credit report was a substantial factor for such lost credit opportunities.
- Plaintiff’s credit report and file has been obtained from Defendant and has 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.
- As a result of Defendant’s conduct, Plaintiff has suffered actual damages in the form of (a) lost credit opportunities, (b) harm to credit reputation and credit score, and (c) emotional distress.
- As a result of Defendant’s conduct, Plaintiff has suffered actual damages in the form of financial and dignitary harm arising from the injury to credit rating and reputation, 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 Defendant’s conduct, Plaintiff has suffered actual damages in the form of mental pain and anguish, 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 Defendant’s conduct, Plaintiff has 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, 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 Defendant’s agents, servants and/or employees, was malicious, intentional, willful, reckless, and in grossly negligent disregard for the FCRA and the rights of the Plaintiff herein.
V. Count One – Violations of the FCRA
- Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
- At all times pertinent hereto, Defendant was 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, 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 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);
(b) willfully and negligently failing to properly and timely delete the inaccurate information from the Plaintiff’s credit file 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 Defendant is 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 attorney’s fees and the costs of litigation.
VI. Jury Trial Demand
- Plaintiff demands trial by jury on all issues so triable.
VII. Prayer For Relief
WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the Defendant, based on the following requested relief:
(a) Actual damages;
(b) Statutory damages;
(c) Punitive damages;
(d) Costs and reasonable attorney’s fees pursuant to 15 U.S.C. §§1681n and 1681o;
(e) An order directing that Defendant immediately delete all of the inaccurate information from Plaintiff’s credit report and file and cease reporting the inaccurate information to any and all persons and entities to whom it reports consumer credit information;
(f) An order directing that Defendant send to all persons and entities to whom it has reported Plaintiff’s inaccurate information within the last three years Plaintiff’s updated and corrected credit report information; and
(g) Such other and further relief as may be necessary, just and proper.
DESIGNATION OF TRIAL COUNSEL
Plaintiff hereby designates John Soumilas as trial counsel in the above-captioned matter. Plaintiff reserves the right to amend this designation as necessary.
I, Mark D. Mailman, counsel of record do hereby certify pursuant to Local Civil Rule 201.1(d) that relief other than monetary damages is sought and that the damages sought are in excess of $150,000. I further certify that, to my knowledge, the within case is not the subject of any action, arbitration or administrative hearing now pending in any court.
FRANCIS & MAILMAN, P.C.
BY: _/s/ Mark D. Mailman__________________
MARK D. MAILMAN, ESQUIRE
JOHN SOUMILAS, ESQUIRE
ERIN A. NOVAK, ESQUIRE
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
Attorneys for Plaintiff