Pennsylvania Complaint Against Trans Union for Mixing Credit File of Consumer With Another Consumer’s Information and Public Record Reported Against Wrong Consumer





 JOHN DOE           Plaintiff, v.



















  Civil Action No.   COMPLAINT






Preliminary Statement

  1. This is an action for damages brought by an individual consumer, against Trans Union, LLC for violations of the Fair Credit Reporting Act 15 U.S.C. §§ 1681, et seq. as amended (the “FCRA”).

Jurisdiction and Venue

  1. Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. §§ 1331 and 1337.
  2. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).


  1. Plaintiff  is an individual who resides in Silver Springs, Maryland.
  2. Defendant Trans Union, LLC is a consumer reporting agency 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.

Factual Allegations

  1. Defendant has been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (“inaccurate information”) from at least January 2012 through present.  The inaccurate information includes an unpaid judgment as well as identifying personal information.
  2. The inaccurate information negatively reflects upon the Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s creditworthiness.  The inaccurate information consists of personal information and a public record that does not belong to the Plaintiff, and that actually belongs to another consumer.  Due to Defendant’s faulty procedures, Defendant mixed the credit file of Plaintiff and that of another unknown consumer with respect to the inaccurate information and other personal identifying information.
  3. Defendant has been reporting the inaccurate information through the issuance of false and inaccurate credit information and consumer credit reports that it has disseminated to various persons and credit grantors, both known and unknown.  Defendant has repeatedly published and disseminated consumer reports to such third parties from at least January 2012 through the present.
  4.  Plaintiff’s credit report and file has been obtained from Defendant and has 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 different credit offers and opportunities, known and unknown.  Plaintiff’s credit reports have been obtained from Defendant by such third parties from at least January 2012 through the present.
  5. 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
  6. At all times pertinent hereto, the conduct of the Defendant, as well as that of its agents, servants and/or employees, was intentional, willful, reckless, and in grossly negligent disregard for federal law and the rights of the Plaintiff herein.

Count One – Violations of the FCRA

(Plaintiff v. Defendant)

  1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  2. 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).
  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, Defendant is 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 the Defendant 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, Defendant is liable to Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorney’s 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 Defendant, based on the following requested relief:

  1. Statutory damages;
  2. Actual damages;
  3. Punitive damages;
  4. Costs and reasonable attorney’s fees pursuant to 15 U.S.C. §§ 1681n, 1681o; and
  5. Such other and further relief as may be necessary, just and


Respectfully submitted,


BY:     /s/ Mark D. Mailman                          



Land Title Building, 19th Floor

100 South Broad Street

Philadelphia, PA 19110

(215) 735-8600

  Attorneys for Plaintiff