IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
| John Doe Plaintiff, v.
ACXIOM INFORMATION SECURITY SERVICES, INC.
Defendant. | )))))) ) ) ) ) ) ) | Civil Action No.: COMPLAINT
JURY TRIAL DEMANDED NON-ARBITRATION |
Preliminary Statement
- 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.
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 who resides in New Jersey.
5. Defendant Acxiom Information Security Services, Inc. (hereafter “AISS”) is a consumer reporting agency that regularly conducts business in the District of New Jersey and which has a principal place of business located at 6111 Oaktree Blvd., Independence, Ohio 44131.
Factual Allegations
6. Defendant has been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s criminal history to third parties (“inaccurate information”).
- The inaccurate information includes, but is not limited to criminal convictions for domestic battery, pettit theft and public intoxication from the state of Virginia and Florida which are not convictions against Plaintiff, but instead against another person whom Plaintiff does not know and is of no relation to Plaintiff.
- Defendant AISS, however, has been inaccurately reporting these charges on Plaintiff’s consumer report.
- AISS has been reporting the inaccurate information through the issuance of false and inaccurate consumer reports that it has disseminated and resold to various persons, both known and unknown.
- In or around January 2012, Plaintiff applied for and was denied employment with Accu Staffing Services as a janitor.
- The basis for this job denial was the inaccurate information that appears on Plaintiff’s consumer report with AISS, which was a substantial factor for the denial.
- Plaintiff further received no notice from AISS in connection with the application that public record information was being reported about Plaintiff to Accu Staffing.
- As a result of AISS’s conduct, Plaintiff has suffered actual damages in the form of lost employment opportunity, harm to reputation, emotional distress, humiliation and embarrassment.
- Further, in connection with Plaintiff’s request for her consumer file and her disputes, AISS has failed to provide Plaintiff a complete and proper copy of his file, including on or about February 3, 2012.
- At all times pertinent hereto, AISS 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 AISS herein.
- At all times pertinent hereto, the conduct of AISS, 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.
COUNT I – AISS
VIOLATIONS OF THE FCRA
Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
- At all times pertinent hereto, AISS was a “person” and “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
- At all times pertinent hereto, the Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
- 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).
Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o, AISS is liable to Plaintiff for:(a) willfully and negligently failing to employ and follow reasonable procedures to assure maximum possible accuracy of Plaintiff’s consumer report, information and file, in violation of 15 U.S.C. §1681e(b);(b) willfully and negligently failing to provide a complete and proper file disclosures upon request, pursuant to 15 U.S.C. §1681g;(c) willfully and negligently failing to provide notice to Plaintiff that public record information was being reported for employment purposes in violation of 15 U.S.C § 1681k; and(d) willfully and negligently failing to employ strict procedures to ensure that public record information is complete and up to date, in violation of 15 U.S.C § 1681k.
- The conduct of AISS 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, AISS 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.
Jury Trial Demand
- 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) Actual damages;
(b) Statutory damages;
(c) Punitive damages;
(d) Costs and reasonable attorneys fees pursuant to 15 U.S.C. §§ 1681n and 1681o;
DESIGNATION OF TRIAL COUNSEL
Plaintiff hereby designates Mark Mailman and Gregory Gorski as trial counsel in the above-captioned matter. Plaintiff reserves the right to amend this designation as necessary.
ARBITRATION CERTIFICATION
I, Mark Mailman, counsel of record do hereby certify pursuant to Local Civil Rule 201.1(d) that relief other than monetary damages is sought and that the damages sought are in excess of $150,000. I further certify that, to my knowledge, the within case is not related to any case now pending or within one year previously terminated action in this court.
Respectfully Submitted,
FRANCIS & MAILMAN, P.C.
BY: /s/ Mark D. Mailman_
MARK D. MAILMAN, ESQUIRE
JOHN SOUMILAS, ESQUIRE
GREGORY GORSKI, ESQUIRE
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
(215) 735-8600
Attorneys for Plaintiff