IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANNA ELIZABETH PIRES )
)
Plaintiff,
) Civil Action No.
vs. )
)
CHOICEPOINT SERVICES INC. )
)
and )
)
CHOICEPOINT INC. )
)
Defendants. )
)
COMPLAINT
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, and various other state laws.
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.
3. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).
III. Parties
4. Plaintiff Anna Elizabeth Pires is an adult individual who resides at 445 Stonemill Manor, Lithonia, GA 30058.
5. Defendant ChoicePoint Services Inc. is a business entity that provides background screening services, decisions-making intelligence, and operates as a consumer reporting agency. Defendants regularly conduct business in Philadelphia County, Pennsylvania, and have places of business concerning the reporting of public records information located at 7 Foster Avenue, Suite 200, Gibbsboro, NJ 08026 and at 300 Phillips Boulevard, Suite 500, Ewing, NJ 08618.
6. Defendant ChoicePoint Inc. is a business entity and/or a credit-reporting agency. Defendants regularly conduct business in Philadelphia County, Pennsylvania, and have places of business concerning the reporting of public records information located at 7 Foster Avenue, Suite 200, Gibbsboro, NJ 08026 and at 300 Phillips Boulevard, Suite 500, Ewing, NJ 08618.
IV. Factual Allegations
7. 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”).
8. The inaccurate information includes, but is not limited to, a maternity-related judgment and personal identifying information.
9. 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.
10. Defendants have 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.
11. Plaintiff has disputed the inaccurate information through the national consumer reporting agencies by following established procedure for disputing consumer credit information, including in October 2005.
12. The national consumer reporting agencies gave notice of Plaintiff’s disputes, and per their duties under the FCRA, Defendants purportedly investigated Plaintiff’s disputes.
13. Despite Plaintiff’s disputes, Defendants have nonetheless deliberately, willfully, intentionally, recklessly and negligently repeatedly failed to perform reasonable investigations and/or reinvestigations of the above disputes as required by the FCRA, have failed to remove the inaccurate information, have failed to report on the results of said investigations and/or reinvestigations to all credit reporting agencies and have continued to cause the reporting of the derogatory inaccurate information about the Plaintiff.
14. Plaintiff has applied for and has been denied various loans and extensions of consumer credit. The basis for these denials was the inaccurate information that appears on Plaintiff’s credit reports and the inaccurate information was a substantial factor for those denials.
15. As a result of Defendants’ conduct, Plaintiff has suffered actual damages and serious financial and pecuniary harm arising from monetary losses relating to credit denials, loss of credit and loan opportunities, out-of-pocket expenses including, but not limited to, local or long distance telephone calls, postage, faxing and other related costs, all of which will continue into the future to Plaintiff’s great detriment and loss.
16. As a result of Defendants’ conduct, Plaintiff has suffered great emotional distress and mental anguish, and Plaintiff will continue to suffer the same for an indefinite time in the future, all to Plaintiff’s great detriment and loss.
17. As a result of Defendants’ conduct, Plaintiff has suffered a decreased credit score and/or credit standing.
18. At all times pertinent hereto, Defendants were acting by and through their 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.
19. At all times pertinent hereto, the conduct of the Defendants, as well as that of their agents, servants and/or employees, was intentional, willful, reckless, and in negligent disregard for federal and state laws and the rights of the Plaintiff herein.
V. Claims
Count One – FCRA
20. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
21. At all times pertinent hereto, each Defendant was a “person” and a “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
22. At all times pertinent hereto, the Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
23. 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).
24.
Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o, Defendants are liable to the Plaintiff for engaging in the following conduct:
(a)
willfully and negligently failing to conduct a proper and reasonable reinvestigation concerning the inaccurate information after receiving notice of the dispute in violation of 15 U.S.C. § 1681i;
(b) willfully and negligently failing to prepare Plaintiff’s report by following procedures that assure maximum possible accuracy, in violation of 15 U.S.C. § 1681e(b);
(c) willfully and negligently failing to comply with the requirements imposed on furnishers of information pursuant to 15 U.S.C. § 1681s-2(b);
(d) willfully and negligently failing to comply with the FCRA in every other applicable respect, including 15 U.S.C. §§ 1681c and 1681g;
25. The conduct of Defendants 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, Defendants are 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.
Count Two – Defamation
26. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
27. Defendants have published statements to various creditors, prospective credit grantors, other credit reporting agencies, and other entities that the above-referenced derogatory inaccurate information belongs to the Plaintiff.
28. Defendants have published these statements each time a credit report on the Plaintiff has been requested from any creditor, prospective credit grantors furnisher or other source.
29. The statements made by Defendants are false in that they inaccurately reflect Plaintiff’s credit information and debt repayment history, and paint the Plaintiff as financially irresponsible and delinquent.
30. Defendants knew that the statements were false when made, and had no factual basis for making the statements, as Plaintiff had notified them repeatedly through writing, telephone communication and extensive documentation that the above inaccurate information was inaccurate for the reasons stated above.
31. Nonetheless, Defendants continue to publish the false and negative statements concerning the Plaintiff’s credit history up through the present time.
32. Defendants’ 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, Defendants are 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.
Count Three – Negligence
33. Plaintiff incorporates the foregoing paragraphs as if the same were set forth at length herein.
34. Defendants’ negligence consists of the following:
(a)
Violating the FCRA as set forth above;
(b) Failing to conduct a proper and reasonable investigation and/or reinvestigation concerning the inaccurate information after receiving notice of the dispute from the Plaintiff;
(c) Failing to review and consider all relevant information submitted by the Plaintiff concerning the dispute of the inaccurate information;
(d) Failing to delete or correct the inaccurate information from Plaintiff’s credit file after investigation and/or reinvestigation;
(e) Failing to report the results of investigations to the relevant consumer reporting agencies;
(f) Failing to properly and timely delete the inaccurate information from the Plaintiff’s credit files despite being unable to verify the accuracy of the information and/or being provided with proof of its inaccuracy; and
(g) Continuing to report the inaccurate information despite having knowledge of the inaccuracies and/or the inability to be verified.
35. As a result of Defendants’ above-mentioned conduct, Plaintiff has sustained and continues to sustain the losses and damages as set forth above.
36. The conduct of Defendants 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, Defendants are liable to compensate the Plaintiff for the full amount of actual and compensatory damages, as well as such other relief, permitted under the law.
Count Four – Invasion of Privacy/False Light
37. Plaintiff incorporates the foregoing paragraphs as though the same were set forth
at length herein.
38. Defendants’ 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.
39. By such unauthorized publication and circulation of Plaintiff’s name and the inaccurate information, Defendants 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.
40. The conduct of Defendants 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, Defendants are 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.
VI. Jury Trial Demand
41. Plaintiff demands trial by jury on all issues so triable.
VII. Prayer For Relief
42. 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 and 1681o;
(e) 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
(f) Such other and further relief as may be necessary, just and proper.
Respectfully submitted,
FRANCIS & MAILMAN, P.C.
BY: /s/ James A. Francis _
JAMES A. FRANCIS
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
(215) 735-8600
Attorneys for Plaintiff
Dated: October 11, 2007