IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
| JANE DOE Plaintiff,
v.
EQUIFAX INFORMATION SERVICES LLC
Defendant. | )))) ) ) ) ) ) ) ) ) | Civil Action File No. _____________
JURY TRIAL DEMANDED
|
COMPLAINT
1. This is an action for damages brought by an individual consumer, against Equifax Information Services, LLC for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681 et seq., as amended.
JURISDICTION AND VENUE
2. Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. § 1331.
3. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).
PARTIES
4. Plaintiff is an adult individual residing in Idaho.
5. Defendant Equifax Information Services LLC 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.
FACTUAL ALLEGATIONS
6. 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 October 2011 through the present. The inaccurate information includes a bankruptcy, numerous accounts, several of which are derogatory, as well as identifying personal information.
7. 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 public records and accounts and/or tradelines that does 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.
8. Defendant has 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. Defendant has repeatedly published and disseminated consumer reports to such third parties from at least October 2011 through the present.
9. 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. Plaintiff’s credit reports have been obtained from Defendant by such third parties from at least October 2011 through the present.
10. As a result of Defendant’s 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.
11. 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.
12. 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 law and the rights of the Plaintiff herein.
COUNT I – VIOLATIONS OF THE FCRA
(Plaintiff v. Defendant)
13. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
14. 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).
15. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
16. 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 comply with the requirements imposed on a consumer reporting agency of information pursuant to 15 U.S.C. § 1681e(b).
17. 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 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 DEMAND
18. 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,
/s/ James Feagle
James Feagle, Esq.
Georgia Bar No.
Skaar & Feagle, LLP
108 E. Ponce de Leon Avenue
Suite 204
Decatur, Georgia 30030
Telephone: (404) 373-1970
Facsimile: (404) 601-1855
Attorneys for Plaintiff