 |
 |
 |
|
You don’t have to live with inaccurate or false information on your credit report.
Submit your case online to one of our attorneys for a free case review.
|
|
|
April 20, 2010 – 8:05 pm
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Plaintiff,
v.
LEXISNEXIS RISK & INFORMATION ANALYTICS GROUP, INC., et al.
Defendants. )
)
______________________________________________________________________________
PLAINTIFF’S BRIEF IN OPPOSITION TO DEFENDANTS LEXISNEXIS
RISK & INFORMATION ANALYTICS GROUP, INC. AND SEISINT, INC.’S
MOTION FOR JUDGMENT ON THE PLEADINGS
______________________________________________________________________________
FRANCIS & MAILMAN, P.C.
DONOVAN SEARLES, LLC
Plaintiff respectfully submits this Brief in Response and Opposition to the Motion for Judgment on the Pleadings filed by Defendants LexisNexis Risk & Information Analytics Group, Inc. and Seisint, Inc.
I. INTRODUCTION
Although styled as a Motion for Judgment on the Pleadings (the “Motion”), Defendants’ Motion is in all reality an untimely and thinly-veiled second motion to dismiss. While Defendants’ Answers deny the allegations of Plaintiff’s Amended Complaint, and discovery is proceeding to ferret out the parties’ stark factual disputes, Defendants instantly request the Court to accept those allegations as true, but find as a matter of law that Plaintiff does not state any claim against them ...
Posted in Briefs and Legal Arguments, Sample Legal Briefs & Pleadings | No Comments »
April 20, 2010 – 8:00 pm
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
)
Plaintiff,
vs. )
)
EXPERIAN INFO. SOLUTIONS, INC., et al. )
)
Defendants. )
)
PLAINTIFF’S MEMORANDUM OF LAW
IN SUPPORT OF HER RESPONSE IN OPPOSITION TO DEFENDANT
TRANS UNION, LLC’S AND DEFENDANT ASSOCIATED CREDIT AND
COLLECTION BUREAU, INC.’S MOTIONS FOR SUMMARY JUDGMENT
Plaintiff hereby respectfully responds in opposition to the motions for summary judgment filed by two of the Defendants in this matter -- Trans Union, LLC (“TU”) (Docket No. 41), a national consumer credit reporting agency or “CRA,” and Associated Credit and Collection Bureau, Inc. (“ACCB”) (Docket No. 38), a national debt collector and furnisher of credit information (collectively, “Defendants”).
These Defendants damaged Plaintiff’s good name and credit by repeatedly confirming and allegedly “verifying” for years that Plaintiff owed $690 to an old landlord in the form of an ...
Posted in Briefs and Legal Arguments, Sample Legal Briefs & Pleadings | No Comments »
April 20, 2010 – 7:57 pm
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Plaintiff,
v.
LEXISNEXIS RISK & INFORMATION ANALYTICS GROUP, INC., and REED ELSEVIER, INC.
Defendants.
)
PLAINTIFF’S MEMORANDUM OF LAW IN OPPOSITION TO
DEFENDANTS LEXISNEXIS RISK & INFORMATION ANALYTICS GROUP, INC. AND REED ELSEVIER, INC.’S MOTION FOR SUMMARY JUDGMENT
Plaintiff hereby respectfully responds in opposition to the motion for summary judgment (“Motion,” at Docket No. 71) filed by Defendants LexisNexis Risk & Information Analytics Group, Inc. (“LNRIAG”) and Reed Elsevier, Inc. (“Reed”) (collectively “Defendants” or “LexisNexis”). For the reasons discussed below, the Motion should be denied.
I. PRELIMINARY STATEMENT
In a remarkable about-face, Defendants completely abandon their motion to dismiss defenses (where they argued that they are not regulated by the FCRA), and now seek summary judgment in their favor on the basis of FCRA “accuracy.” Of course, Defendants did not have much of a choice in abandoning their original defenses since discovery proved all of the allegations ...
Posted in Briefs and Legal Arguments, Sample Legal Briefs & Pleadings | No Comments »
December 23, 2009 – 4:26 pm
IN THE UNITED STATES DISTRICT COURT
EDWIN A.
Plaintiff,
v.
EXPERIAN INFORMATION SOLUTIONS, INC., LEXISNEXIS RISK & INFORMATION ANALYTICS GROUP, INC., and REED ELSEVIER, INC.
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.
PLAINTIFF’S MEMORANDUM OF LAW IN OPPOSITION TO
DEFENDANTS LEXISNEXIS RISK & INFORMATION ANALYTICS
GROUP, INC. AND REED ELSEVIER, INC.’S MOTION
TO DISMISS PLAINTIFF’S AMENDED COMPLAINT
I. PRELIMINARY STATEMENT
Plaintiff Edwin A. filed this lawsuit against LexisNexis Risk & Information Analytics Group, Inc. (“LNRIAG”) and Reed Elsevier, Inc. (“Reed”) (collectively “Moving Defendants” or “LexisNexis”) alleging claims for violation under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681 et seq., negligence, defamation and invasion of privacy because Moving Defendants falsely reported to other consumer reporting agencies (“CRAs”) that a civil judgment had been taken out against Plaintiff, and then failed to correct the error after Plaintiff disputed the inaccuracy. As detailed below, and contrary to Moving Defendants’ contentions, Plaintiff has pled sufficient facts and allegations to support each of his claims ...
Posted in Sample Legal Briefs & Pleadings | No Comments »
December 23, 2009 – 4:22 pm
IN THE UNITED STATES DISTRICT COURT
JOHN J., )
and )
AMANDA N., )
and )
CHARLES E., )
and )
CLARICE J., )
and )
NANCY M., )
and )
TONYA R., )
and )
LAURA ANNE, )
and )
LORI L., )
and )
CATHERINE, )
and )
BERNARD E., )
)
on behalf of themselves and all others )
similarly situated, )
)
Plaintiffs, ) Civil Action No.
vs. )
) JURY TRIAL DEMANDED
EXPERIAN INFORMATION )
SOLUTIONS, INC. )
)
Defendant. )
)
CLASS ACTION COMPLAINT
I. PRELIMINARY STATEMENT
1. Defendant, a national consumer reporting agency (“CRA”), has been selling credit reports inaccurately marking Plaintiffs – and what is believed to be hundreds if not thousands of other American consumers – as “deceased,” when they are very much alive. By reporting Plaintiffs as “deceased” Defendant is making it practically impossible for them to ...
Posted in Sample Legal Briefs & Pleadings | No Comments »
September 2, 2009 – 8:35 pm
IN THE UNITED STATES DISTRICT COURT
____________________________________
)
on behalf of themselves and all )
others similarly situated, The Sweep movie download Rocky IV hd )
)
The Event psp Plaintiffs, ) C. A. No.
)
v. )
)
) JURY TRIAL DEMANDED
CONSUMER ADVOCATE )
FOUNDATION SERVICE, )
and )
CREDIT COLLECTIONS DEFENSE )
NETWORK, )
and )
CREDIT COLLECTIONS )
RECONCILIATION NETWORK, )
and )
BEACON CONSULTING )
SERVICES, LLC )
and )
R.K. LOCK & ASSOCIATES, )
and Grumpy Old Men download )
ROBERT K. LOCK, JR., ESQ. )
and )
PHILLIP MANGER )
and )
TRACY WEBSTER )
) CLASS ACTION
Defendants. )
____________________________________)
AMENDED COMPLAINT - CLASS ACTION
I. INTRODUCTION
1. This is a consumer class action brought for Defendants’ violations of the Credit Repair Organizations Act, 15 U.S.C. § 1679, et seq. (“CROA”) and Illinois Credit Services Organizations Act, 81 ILCS § 605/1, et seq. (“CSOA”). This law is ...
Posted in Briefs and Legal Arguments | 1 Comment »
September 2, 2009 – 8:18 pm
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
)
John Q full )
Grumpy Old Men movie Plaintiff, The Water Babies dvd A Crude Awakening: The Oil Crash video ) Battle in Seattle release
vs. )
Terms of Endearment movie download ) Civil Action No.
EQUIFAX INFORMATION SERVICES LLC, Saturday Morning In the Mouth of Madness film )
et al. The Puffy Chair trailer )
Defendants. )
)
PLAINTIFF S MEMORANDUM OF LAW IN SUPPORT OF HIS RESPONSE IN OPPOSITION TO DEFENDANT EQUIFAX INFORMATION SERVICES LLC’S MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiff, through counsel, respectfully submits this Memorandum of Law in opposition to Equifax Information Services LLC’s (“Equifax”) Motion for Partial Summary Judgment (“Motion”). For the numerous reasons stated below, Equifax’s ...
Posted in Briefs and Legal Arguments | No Comments »
September 2, 2009 – 8:16 pm
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MALIK HODGE, on behalf of himself and all others similarly situated
Plaintiff,
v.
PREMIER CREDIT OF NORTH AMERICA, LLC
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 09-1644
Class Action
______________________________________________________________________________
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S PARTIAL MOTION TO DISMISS OR STRIKE THE CLASS ACTION ALLEGATIONS OF THE AMENDED COMPLAINT
______________________________________________________________________________
FRANCIS & MAILMAN, P.C.
JAMES A. FRANCIS
GREGORY GORSKI
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
(215) 735-8600
TABLE OF CONTENTS
PAGE
I. PRELIMINARY STATEMENT ..............................................................................1
II. BACKGROUND ........................................................................................................3
A. Defendant Has No Permissible Basis To Call A Non-Debtor
And Misrepresent The Reason For Its Call To Coerce Private
Information About A Purported Debtor ..................................................................3
B. Defendant Uses A Standardized Telephone Call Script To
Deceive Third Parties ..............................................................................................4
C. Plaintiff’s Amended Complaint Includes All The Necessary
Elements To Adequately Allege A Class Action ....................................................5
III. LEGAL STANDARD .................................................................................................6
A. A Well Pled Complaint Need Only Allege Claims That Are
Not “Speculative” To Defeat A Motion To Dismiss Pursuant
To ...
Posted in Briefs and Legal Arguments | No Comments »
August 20, 2009 – 9:34 pm
FRANCIS & MAILMAN, P.C.
BY: MARK D. MAILMAN, ESQUIRE ATTORNEYS FOR PLAINTIFF
I.D. No. 77760
BY: JOHN SOUMILAS, ESQUIRE
I.D. No. 84527
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
(215) 735-8600
________________________________________________________________________
:
SEENA ROSENBERRY : COURT OF COMMON PLEAS
1732 S. Dover Street Columbus Day divx The Good Night : OF PHILADELPHIA COUNTY
Philadelphia, PA 19145 :
:
:
vs. : NO.
:
CONSUMER RECOVERY :
ASSOCIATES, INC. :
2697 International Parkway :
Virginia Beach, VA 23452 :
______________________________________________________________________________
COMPLAINT IN CIVIL ACTION
1. Plaintiff Seena Rosenberry is an adult individual residing at 1732 S. Doyer Street, Philadelphia, PA 19145.
2. Defendant Consumer Recovery Associates, LLC is a business entity regularly engaged in the business of collecting debts in this Commonwealth with its principal place of business located at 2697 International Parkway, Virginia Beach, VA 23452. The principal purpose of Defendant is the collection of debts using the mails and telephone, and Defendant regularly attempts to collect ...
Posted in Briefs and Legal Arguments | No Comments »
August 20, 2009 – 6:07 pm
credit-card-rules-and-regulations-of-2009 Resident Evil: Extinction trailer 48 Angels divx Antichrist dvd The Hockey Champ psp Jab We Met movie Chicken Run psp City of Ghosts dvdrip Trailer Park Boys: The Movie movie download El cártel dvdrip Fast Lane trailer buy The Transformers: The Movie Hamlet 2 dvdrip Frailty ipod Sumuru film The Christmas Toy release Punch-Drunk Love release Street Trash movie download Alice Clerks II psp Tom and Jerry: A Nutcracker Tale psp
Posted in Uncategorized | No Comments »
|
|
