IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
| JANE DOE Plaintiff, v. |
STERLING INFOSYSTEMS, INC.
| Civil Action No.: |
JURY TRIAL DEMANDED
- This is an action for damages brought by an individual consumer against the Defendant for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C. §§ 1681 et seq., as amended.
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).
4. Plaintiff is an adult individual who resides in New Jersey.
5. Defendant Sterling Infosystems, Inc. (hereafter “Sterling”) is a consumer reporting agency that regularly conducts business in the District of New Jersey and which has a principal place of business located at 249 West 17thStreet, Floor 6, New York, New York 10011.
6. Defendant has been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s criminal history to third parties (“inaccurate information”).
7. The inaccurate information includes, but is not limited to, a criminal conviction for theft from the State of Maryland does not belong to Plaintiff, but instead to another person whom Plaintiff does not know and is of no relation to Plaintiff
8. Defendant Sterling, however, has been inaccurately reporting this charge on Plaintiff’s consumer report.
9. The inaccurate information negatively reflects upon the Plaintiff’s reputation.
10. Sterling has been reporting the inaccurate information through the issuance of false and inaccurate consumer reports that it has disseminated and resold to various persons, both known and unknown.
11. Plaintiff applied for and was temporarily denied employment with a daycare facility as a teacher’s assistant in or about February 2012.
12. The basis for this job denial was the inaccurate information that appears on Plaintiff’s consumer report with Sterling, which was a substantial factor for the denial.
13. Plaintiff further received no notice from Sterling in connection with the application that public record information was being reported about Plaintiff to the daycare facility.
14. As a result of Sterling’s conduct, Plaintiff has suffered actual damages in the form of lost employment opportunity, harm reputation, emotional distress, humiliation and embarrassment.
15. Further, in connection with Plaintiff’s request for her consumer file and her disputes, Sterling has failed to provide Plaintiff a complete and proper copy of her file, including on or about March 6, 2012.
16. At all times pertinent hereto, Sterling 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 Sterling herein.
17. At all times pertinent hereto, the conduct of Sterling, 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.
COUNT I – STERLING
VIOLATIONS OF THE FCRA
18.Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
19. At all times pertinent hereto, Sterling was a “person” and “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
20. At all times pertinent hereto, the Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
21. 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).
22. Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o, Sterling is liable to Plaintiff for:
(a) willfully and negligently failing to employ and follow reasonable procedures to assure maximum possible accuracy of Plaintiff’s consumer report, information and file, in violation of 15 U.S.C. §1681e(b);
(b) willfully and negligently failing to provide a complete and proper file disclosures upon request, pursuant to 15 U.S.C. §1681g;
(c) willfully and negligently failing to provide notice to Plaintiff that public record information was being reported for employment purposes in violation of 15 U.S.C § 1681(k); and
(d) willfully and negligently failing to employ strict procedures to ensure that public record information is complete and up to date, in violation of 15 U.S.C § 1681(k).
23. The conduct of Sterling 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, Sterling is liable to the Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorneys’ fees and the costs of litigation, as well as such further relief, as may be permitted by law.
Jury Trial Demand
24. 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;
DESIGNATION OF TRIAL COUNSEL
Plaintiff hereby designates Mark Mailman as trial counsel in the above-captioned matter. Plaintiff reserves the right to amend this designation as necessary.
I, Mark 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 related to any case now pending or within one year previously terminated action in this court.
FRANCIS & MAILMAN, P.C.
BY: /s/ Mark D. Mailman_
MARK D. MAILMAN, ESQUIRE
JOHN SOUMILAS, ESQUIRE
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
Attorneys for Plaintiff