IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Jane Doe
Plaintiff, Civil Action No.
v.
TRANS UNION, LLC
and
EXPERIAN INFORMATION
SOLUTIONS, INC.
and
EQUIFAX INFORMATION SERVICES, LLC
Defendants.
COMPLAINT
PRELIMINARY STATEMENT
1. This is an action for damages brought by individual consumer, against Trans Union, LLC, Experian Information Solutions, Inc., and Equifax Information Services LLC, (collectively “Defendants”), for violations of the Fair Credit Reporting Act (hereinafter the “FCRA”), 15 U.S.C. §§ 1681, et seq.
The Parties
2. Plaintiff is an adult individual residing in Hawaii
3. Defendant, Trans Union, LLC (hereafter “TU”), is a business entity which regularly conducts business in Philadelphia County, Pennsylvania, and which has a principal place of business located at 1510 Chester Pike, Crum Lynne, PA 19022.
4. Defendant, Experian Information Solutions, Inc. (hereafter “Experian”) is a business entity which regularly conducts business in Philadelphia County, Pennsylvania, and which has a principal place of business located at 5 Century Drive, Parsippany, New Jersey 07054.
5. Defendant, Equifax Information Services LLC (hereafter “Equifax”) is a business entity which regularly conducts business in Philadelphia County, Pennsylvania, and which has a principal place of business located at 6 Clementon Road, East, Suite A2, Gibbsboro, New Jersey 08026.
JURISDICTION & Venue
6. Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. § 1331, and supplemental jurisdiction exists for the state law claims pursuant to 28 U.S.C. § 1367.
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 includes, but is not limited to, accounts with Providian Financial, First Hawaiian Bank, American General Finance, Bank of America, CitiFinancial, Discovery Card, GEMB/Gap, Springleaf Formerly AGF, and other personal information.
10. 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. The inaccurate information consists of accounts and/or tradelines that do not belong to the Plaintiff, or which misrepresent the payment history and/or status of accounts that do belong to the Plaintiff as well as incorrect personal identifying information.
11. Defendants have 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.
12. Plaintiff’s credit reports and file have been obtained from Defendants and have been reviewed several 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.
13. As a result of Defendant’s conduct, Plaintiff has suffered actual damages in the form of (a) lost credit opportunities, (b) harm to credit reputation and credit score, and (c) emotional distress.
14. 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.
15. At all times pertinent hereto, the conduct of the Defendants, 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 ONE – VIOLATIONS OF THE FCRA
16. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
17. At all times pertinent hereto, Defendants were each a “person” and “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
18. At all times pertinent hereto, the Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
19. 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).
20. Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o, Defendants are liable to the Plaintiff for willfully and negligently failing to employ and follow reasonable procedures to assure maximum possible accuracy and privacy of Plaintiff’s credit report, information and file, in violation of 15 U.S.C. § 1681e(b).
21. 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 attorney’s fees and the costs of litigation, as well as such further relief, as may be permitted by law.
JURY TRIAL DEMANDED
22. Plaintiff demands trial by jury.
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 attorney’s fees pursuant to 15 U.S.C. §§ 1681n, 1681o;
(e) An order directing that Defendants immediately delete all of the inaccurate information from Plaintiff’s credit reports and files, and cease reporting the inaccurate information to any and all persons and entities to whom they report consumer credit information;
(f) An order directing that Defendants sends 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
(g) Such other and further relief as may be necessary, just and proper..
Respectfully submitted,
FRANCIS & MAILMAN, P.C.
BY: /s/ Mark D. Mailman
MARK D. MAILMAN, ESQUIRE
GREGORY J. GORSKI, ESQUIRE
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
(215) 735-8600
Attorneys for Plaintiff