IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Plaintiff, Civil Action No.
TRANS UNION, LLC
NCO FINANCIAL SERVICES, INC.
I. Preliminary Statement
1. 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, 28 U.S.C. §1331, 1337, and supplemental jurisdiction exists for the state law claims pursuant to 28 U.S.C. §1367.
- Venue lies properly in this district pursuant to 28 U.S.C. §1391(b).
4. Plaintiff is an adult individual and citizen of the State of Hawaii.
5. Defendant Trans Union, LLC (hereafter Trans Union) is a business entity that 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
6. Defendant Experian Information Systems, Inc. (hereafter “Experian”) is a business entity that 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.
7. Defendant Equifax Information Services, LLC (hereafter Equifax) is a business entity that 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.
8. Defendant NCO Financial Systems, Inc. is a business entity regularly engaged in the business of collecting debts with its principal place of business located at 507 Prudential Road, Horsham, Pennsylvania 19044. The principal purpose of Defendant is the collection of debts using the mails and telephone, and Defendant regularly attempts to collect debts alleged to be due another.
IV. Factual Allegations
9. 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”) from at least June 2011 through the present.
10. The inaccurate information includes, but is not limited to a public record bankruptcy as well as accounts with Credit Systems International, Enhanced Recovery Co LLC, Medcah Inc, Medicredit Corporation, NCO Financial, Revenue Cycle Management, WFS/Wachovia Dealer Services, Quantum Collection, and personal identifying information.
11. 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 Trans Union, Experian and Equifax mixed the credit file of Plaintiff and that of another consumer with respect to the inaccurate information and other personal identifying information.
12. 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 from at least June 2011 through the present.
13. Plaintiff’s credit reports and file have been obtained from Defendants Trans Union, Experian and Equifax and have 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 credit offers and opportunities, known and unknown from at least June 2011 through the present.
14. As a result of Defendants’ 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.
15. At all times pertinent hereto, Defendants were 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 Defendants herein.
16. 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 ONE – FCRA
(Plaintiff v. Trans Union, Experian and Equifax)
16. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
17. 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).
18. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
19. 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).
20. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Trans Union, Experian and Equifax are 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.
21. The conduct of Trans Union, Experian and Equifax 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, Equifax, Experian and Trans Union are liable to 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.
COUNT TWO – FAIR DEBT COLLECTION PRACTICES ACT
(Plaintiff v. NCO)
22. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
23. Defendant NCO, is a “debt collector” as defined by 15 U.S.C. § 1692a(6) of the FDCPA.
24. Plaintiff is a “consumer” as defined by 15 U.S.C. § 1692a(3) of the FDCPA.
25. The reporting of the inaccurate information to credit reporting agencies by Defendant NCO is a “communication” relating to a “debt” as defined by 15 U.S.C. § 1692a(2) and 1692a(5) of the FDCPA.
26. The alleged debt at issue arose out of a transaction that was primarily for personal, family or household purposes.
27. Defendant NCO violated the FDCPA. Defendant NCO’s, violations include, but are not limited to, violations of 15 U.S.C. §§ 1692e(2)(A), 1692e(8), 1692e(10), and 1692f, as evidenced by the following conduct:
(a) The false representation of the amount, character or legal status of a debt; and
(b) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed; and
(c) Otherwise using false, deceptive, misleading and unfair or unconscionable means to collect or attempt to collect a debt from the Plaintiff.
28. Defendant NCO’s, acts as described above were done with intentional, willful, reckless, wanton and negligent disregard for Plaintiff’s rights under the law and with the purpose of coercing Plaintiff to pay monies relating to the inaccurate information.
29. Defendant NCO’s conduct was a direct and proximate cause, as well as a substantial factor, in causing the serious injuries, damages and harm to the Plaintiff that are outlined more fully above, and as a result, Defendant NCO is liable to compensate Plaintiff for the full amount of statutory, and actual damages, along with attorneys’ fees and costs, as well as such other relief, permitted by law.
VI. JURY TRIAL DEMAND
30. 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 Defendants, 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, 1681o and 15 U.S.C. §1692k(a)(3);
(e) An order directing that Defendants immediately delete all of the inaccurate information from Plaintiff’s credit reports and files and cease reporting the inaccurate information to any and all persons and entities to whom they report consumer credit information;
(f) An order directing that Defendants send to all persons and entities to
whom they have 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.
FRANCIS & MAILMAN, P.C.
BY: _/s/ Mark D. Mailman___________________
MARK D. MAILMAN, ESQUIRE
JOHN SOUMILAS, ESQUIRE
GEOFFREY H. BASKERVILLE, ESQUIRE
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
Attorneys for Plaintiff