Georgia Complaint Against Equifax and Experian for Mixing Consumer’s Credit Reports

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

Plaintiff A             Plaintiff,             v.   EQUIFAX INFORMATION SERVICES LLC and EXPERIAN INFORMATION SOLUTIONS, INC.           Defendants.

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Civil Action File    No. _____________   JURY TRIAL DEMANDED

COMPLAINT

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

JURISDICTION AND VENUE

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

PARTIES

1. Plaintiff is an adult individual residing in GA.
2. Defendant Equifax Information Services LLC (“Equifax”) is a consumer reporting agency, which regularly conducts business in Georgia, and which has a place of business located at 1550 Peachtree Street Northeast, Atlanta, GA 30309-2468.
3. Defendant Experian Information Solutions, Inc. (“Experian”) is a business entity and consumer reporting agency that regularly conducts business in the state of Georgia, and which has its headquarters and a principal place of business located at 475 Anton Boulevard, Costa Mesa, CA 92626.

FACTUAL ALLEGATIONS

1. Defendants have been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (“inaccurate information”).
2. The inaccurate information includes, but is not limited to, numerous accounts, several of which are derogatory, and personal information belonging to Plaintiff’s brother.
3. The inaccurate information negatively reflects upon Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s credit worthiness.
4. Defendants have been reporting the inaccurate information through the issuance of false and inaccurate credit information that they have disseminated to various persons and credit grantors, both known and unknown.
5. Plaintiff’s credit reports and file have been obtained from Defendants and have been reviewed many times by prospective and existing credit grantors and extenders of credit, and the inaccurate information has been a substantial factor in precluding Plaintiff from receiving many different credit offers and opportunities, known and unknown, and from receiving the most favorable terms in financing and interest rates for credit offers that were ultimately made.
6. Plaintiff further has made requests for a copy of his credit disclosure which Equifax has failed to provide to Plaintiff including, but not limited to, requests made in October, 2011.
7. As a result of Defendants conduct, Plaintiff has suffered actual damages in the form of lost credit opportunities, harm to credit reputation and credit score, and emotional distress.
8. 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.
9. 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 I – VIOLATIONS OF THE FCRA

(Plaintiff v. Equifax)

1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
2. At all times pertinent hereto, Equifax 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. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Equifax 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).
5. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Equifax is liable to the Plaintiff for willfully and negligently failing to clearly and accurately disclose all information in Plaintiff’s credit file upon Plaintiff’s request pursuant to 15 U.S.C. §1681g.
6. The conduct of 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 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.

COUNT TWO- VIOLATIONS OF THE FCRA

(Plaintiff v. Experian)

 

1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
2. At all times pertinent hereto, Experian 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. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Experian 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).
5. The conduct of Experian 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, Experian 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 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 Defendants, based on the following requested relief:

(a)               Statutory damages;

(b)              Actual damages;

(c)               Punitive damages;

(d)              Costs and reasonable attorney’s fees pursuant to 15 U.S.C. §§ 1681n and 1681o; and

(e)               Such other and further relief as may be necessary, just and proper.

Respectfully submitted,