IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
| JOHN DOE Plaintiff,
v.
TRANS UNION, LLC, and EXPERIAN INFORMATION SOLUTIONS, INC and CITIBANK N.A.
Defendants | )))) ) ) ) ) ) ) ) ) ) ) ) | Civil Action No.
COMPLAINT
|
Complaint
Preliminary Statement
1. This is an action for damages brought by an individual consumer, against Defendants Trans Union, LLC, Experian Information Solutions, Inc. and Citibank, N.A. for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq.
The Parties
2. Plaintiff is an adult individual residing in Massachusetts.
3. Defendant, Trans Union, LLC (“Trans Union”), is a business entity which regularly conducts business in Philadelphia County, and which has a principal place of business located at 1510 Chester Pike, Crum Lynne, PA 19022.
4. Defendant, Experian Information Solutions, Inc. (“Experian”) is a consumer reporting agency that regularly conducts business in the State of New Jersey and which has a principal place of business located at 5 Century Drive, Parsippany, New Jersey 07054.
5. Defendant Citibank N.A. (“Citi”) is a business entity which regularly conducts business in the Eastern District of Pennsylvania and which has a principal place of business located at 701 East 60th St. North, Building 3,Sioux Falls,SD57117.
JURISDICTION AND VENUE
6. Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. § 1331.
7. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).
Factual Allegations
8. 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”).
9. The inaccurate information pertains to a student loan account with Citi.
10. Specifically, the Citi account is reporting as included in “bankruptcy” on Plaintiff’s Trans Union and Experian credit reports, despite the fact that Plaintiff has never declared or filed for bankruptcy. Citi furnished this inaccurate information to Trans Union and Experian at least through April 2012 and thereafter. Trans Union, Experian and Citi each investigated and/or reinvestigated the inaccurate information following a dispute by Plaintiff and each failed to delete or correct the inaccurate information.
11. The inaccurate information negatively reflects upon Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s creditworthiness.
12. Defendants has been reporting the inaccurate information through the issuance of false and inaccurate credit information and consumer credit reports that they have disseminated to various persons and credit grantors, both known and unknown.
13. Plaintiff has disputed the inaccurate information with Defendants by following Trans Union and Experian’s established procedures for disputing consumer credit information.
14. Plaintiff has disputed the inaccurate information with Trans Union and Experian from April 2012 through the present.
15. Notwithstanding Plaintiff’s efforts, Trans Union and Experian have sent Plaintiff correspondence indicating their intent to continue publishing the inaccurate information and Trans Union and Experian continue to publish and disseminate such inaccurate information to other third parties, persons, entities and credit grantors. Trans Union and Experian have repeatedly published and disseminated consumer reports to such third parties from at least April 2012 through the present.
16. Despite Plaintiff’s efforts, Trans Union and Experian have never: (1) contacted Plaintiff to follow up on, verify and/or elicit more specific information about Plaintiff’s disputes; (2) contacted any third parties that would have relevant information concerning Plaintiff’s disputes; (3) forwarded all relevant information concerning Plaintiff’s disputes to the entities originally furnishing the inaccurate information; and (4) requested or obtained any credit applications, or other relevant documents, such as bankruptcy court documents.
17. Notwithstanding Plaintiff’s disputes, Citi has also failed to conduct timely and reasonable investigations of Plaintiff’s disputes after being contacted by the relevant credit reporting agencies concerning Plaintiff’s disputes, on or about April 2012, and upon Citi’s conclusion of an ineffective investigation, it has willfully continued to report such inaccurate information to various credit reporting agencies, and has failed to mark the above accounts as disputed.
18. Despite Plaintiff’s exhaustive efforts to date, Defendants have nonetheless deliberately, willfully, intentionally, recklessly and negligently repeatedly failed to perform reasonable reinvestigations and/or investigations of the above disputes as required by the FCRA, have failed to remove the inaccurate information, have failed to note the disputed status of the inaccurate information and have continued to report the derogatory inaccurate information about the Plaintiff.
19. As of 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.
20. 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.
21. 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 grossly negligent disregard for federal laws and the rights of the Plaintiff herein.
COUNT ONE- VIOLATIONS OF THE FCRA
(Plaintiff v. Trans Union and Experian)
22. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
23. At all times pertinent hereto, Trans Union and
Experian were each a “person” and a “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
24. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
25. 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).
26. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Trans Union and Experian are 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) and 1681i.
27. The conduct of Trans Union and 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, Trans Union and Experian are liable to Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorney’s fees and the costs of litigation, as well as such further relief, as may be permitted by law.
COUNT TWO – VIOLATIONS OF THE FCRA
(Plaintiff v. Citi)
28. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
29. At all times pertinent hereto Citi was a “person” as that term defined by 15 U.S.C. § 1681a(b).
30. At all times pertinent hereto Citi was a “furnisher of credit information” as contemplated by 15 U.S.C. § 1681s-2(b).
31. Citi violated sections 1681n and 1681o of the FCRA by willfully and negligently failing to comply with the requirements imposed on furnishers of information pursuant to 15 U.S.C. § 1681s-2(b).
32. Citi’s conduct was a direct and proximate cause, as well as a substantial factor, in causing the serious injuries, damages and harm to the Plaintiff that are outlined more fully above, and as a result Citi is liable to compensate Plaintiff for the full amount of statutory, actual and punitive damages, along with attorney’s fees and costs, as well as such other relief, permitted by law.
JURY TRIAL DEMAND
37. 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 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, 1681o; and
(e) Such other and further relief as may be necessary, just and proper.
Respectfully Submitted,
FRANCIS & MAILMAN, P.C.
BY: /s/ Mark Mailman
MARK MAILMAN, ESQUIRE
JOHN SOUMILAS, ESQUIRE
ERIN A. NOVAK, ESQUIRE
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
(215) 735-8600
Attorneys for Plaintiff