Francis Mailman Soumilas, P.C.

California Complaint Against Experian for Reporting Inaccurate Collection Accounts

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SOUTHERN DIVISION

Jane DoePlaintiff, 

vs.

EXPERIAN INFORMATION SOLUTIONS, INC.

Defendant.

 Civil Action No. 

 

Complaint for (1) Violation of Fair Credit Reporting Act; (2) Defamation; (3) Negligence (4) Invasion of Privacy/False Light

 

Demand for Jury Trial

 

 

I.

Preliminary Statement

  1. 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, and various other state laws.
  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.
  3. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).
  4. Plaintiff Jane Doeis an adult individual who resides at 2329 Henn Hyde Road NE, Warren, OH 44484.
  5. Defendant Experian Information Solutions, Inc. (hereafter “EIS”) is a business entity that regularly conducts business in the state of California, and which has its headquarters and a principal place of business located at 475 Anton Boulevard, Costa Mesa, California  92626.
  6. 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”).
  7. The inaccurate information includes, but is not limited to, accounts with Arrow Financial Services, Midland Credit Management, and other personal information.
  8. 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 Defendant’s faulty procedures, Defendant mixed the credit file of Plaintiff and that of another consumer with respect to the inaccurate information and other personal identifying information.
  9. 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.
  10. Plaintiff has disputed the inaccurate information with the Defendant following its established procedure for disputing consumer credit information.
  11. Plaintiff has applied for and has been denied various loans and extensions of consumer credit and the basis for these denials was the inaccurate information that appears on Plaintiff’s credit reports, which was a substantial factor for those denials.
  12. Plaintiff’s credit reports and file have been obtained from Defendant 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.
  13. As a result of Defendant’s conduct, Plaintiff has suffered actual damages in the form of lost credit opportunities with various creditors due to Plaintiff’s credit report.  None of these derogatory credit items actually belong to Plaintiff.
  14. As a result of Defendant’s conduct, Plaintiff has further suffered actual damages in the form of emotional and mental pain and anguish, stress, humiliation, embarrassment, anxiety and nervousness, and Plaintiff will continue to suffer the same for an indefinite time in the future, all to Plaintiff’s great detriment and loss.
  15. 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.
  16. 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.
  17. At all times pertinent hereto, the conduct of the Defendant, 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.       
  18. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  19. 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).
  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, 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).
  23. The conduct of Defendant 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, Defendant 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.
  24. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  25. Defendant has published statements through writing to various creditors, prospective credit grantors, other credit reporting agencies, and other entities that the above-referenced derogatory inaccurate information belongs to the Plaintiff.
  26. Defendant has published these statements each time a credit report on the Plaintiff has been requested from any creditor, prospective credit grantors furnisher or other source.
  27. The statements made by Defendant are false in that they inaccurately reflect Plaintiff’s credit information and debt repayment history, and paint Plaintiff as financially irresponsible and delinquent.
  28. Defendant has published these statements to at least every single creditor, furnisher or prospective creditor or other entity that has requested Plaintiff’s credit report.
  29. The written statements and publications constitute libel per se.
  30. In addition, and despite the repeated notices from Plaintiff, Defendant has acted with malice by failing to communicate the information provided to them by Plaintiff to all creditors, prospective creditors, furnishers of information and all other entities to whom it provides credit information concerning the Plaintiff.
  31. Defendant’s conduct was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, damages and harm to the Plaintiff that are outlined more fully above and, as a result, Defendant is liable to compensate the Plaintiff for the full amount of actual damages, compensatory damages and punitive damages, as well as such other relief, permitted under the law.
  32. Plaintiff incorporates the foregoing paragraphs as if the same were set forth at length herein.
  33. Defendant’s negligence consists of the following:

II.

Jurisdiction and Venue

III.

Parties

IV.

Factual Allegations

V.

First Claim for Relief

Violation of FCRA        

VI.

Second Claim for Relief

Defamation

VII.

Third Claim for Relief

Negligence 

(a)              Violating the FCRA as set forth above;

(b)             Failing to employ and follow reasonable procedures to assure maximum possible accuracy of Plaintiff’s credit report, information and file.

  1. As a result of Defendant’s above-mentioned conduct, Plaintiff sustained and continues to sustain the losses and damages as set forth above.
  2. The conduct of Defendant was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, damages and harm to Plaintiff that are outlined more fully above and, as a result, Defendant is liable to compensate the Plaintiff for the full amount of actual and compensatory damages, as well as such other relief, permitted under the law.
  3. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  4. Defendant’s above actions violated Plaintiff’s right of privacy by placing the Plaintiff in a false light before the eyes of others, including potential credit grantors and creditors as well as family, friends and the general public.
  5. By such unauthorized invasion, publication and circulation of Plaintiff’s name and the inaccurate information, Defendant invaded Plaintiff’s right to privacy, subjected Plaintiff to ridicule and contempt, injured Plaintiff’s personal esteem, reflected disgracefully on Plaintiff’s character, diminished Plaintiff’s high standing, reputation and good name among family, friends, neighbors and business associates, destroyed Plaintiff’s peace of mind, and caused Plaintiff severe mental and emotional distress.
  6. The conduct of Defendant was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, damages and harm to Plaintiff that are outlined more fully above and, as a result, Defendant is liable to compensate the Plaintiff for the full amount of actual, compensatory and punitive damages, as well as such other relief, permitted under the law.

VIII.

Fourth Claim for Relief

Invasion of Privacy/False Light        

 

Jury Trial Demand

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

IX.

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 reports and files 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.

 

                   

 

 

Dated: October 2010