Pennsylvania Complaint Against the Big-3 Credit Reporting Agencies, NCO Financial Services for Violations of the FCRA and FDCPA Resulting in Loss of Credit

November 19th, 2012 by krista




 JOHN DOE           Plaintiff, 


























  Civil Action No.  






Preliminary Statement

  1. This is an action for damages brought by an individual consumer, against Trans Union LLC, Equifax Information Services, LLC, Experian Information Solutions, Inc., and NCO Financial Services, Inc., (collectively “Defendants”), for violations of the Fair Credit Reporting Act (hereinafter the “FCRA”), 15 U.S.C. §§ 1681, et seq., and the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.  (hereafter the “FDCPA”).

The Parties

  1. Plaintiff  is an adult individual residing in Pennsylvania.
  2. Defendant, Trans Union, LLC (hereafter “Trans Union”), is a business entity which regularly conducts business in Eastern District of Pennsylvania, and which has a principal place of business located at 1510 Chester Pike, Crum Lynne, PA 19022.
  3. Defendant, Equifax Information Services, LLC (hereafter “Equifax”) is a business entity that regularly conducts business in the Eastern District of Pennsylvania, and which has a principle place of business at 6 Clementon Road, East, Suite A2, Gibbsboro, New Jersey 08026.
  4. Defendant, Experian Information Solutions, Inc. (hereafter “Experian”) is a business entity that regularly conducts business in the Eastern District of Pennsylvania, and which has a principal place of business located at 5 Century Drive, Parsippany, New Jersey 07054.
  5. Defendant NCO Financial Services, Inc. is a business entity with its principal office located at 507 Prudential Road, Horsham, Pennsylvania 19044.  The principal purpose of Defendant is the collection of debts already in default using the mails and telephone, and Defendant regularly attempts to collect said debts.


  1. 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.
  2. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).

Factual Allegations

  1. 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”) from at least July 2012 through the present.
  2.  The inaccurate information includes, but is not limited to, accounts with Berks Credit & Collections, Bureau of Account Management, NCO Financial, Financial Recovery Services, State Collection Service, Harvard Collections, CRA Collections and personal information.
  3. The inaccurate information negatively reflects upon 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.  Due to Defendant’s faulty procedures, Defendants mixed the credit file of Plaintiff and that of another consumer with respect to the inaccurate information and other personal identifying information.
  4. 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.
  5. Plaintiff has disputed the inaccurate information with Defendants by both oral and written communications to their representatives and by following Equifax, Experian and Trans Union’s established procedures for disputing consumer credit information.
  6. Plaintiff has disputed the inaccurate information with Equifax, Experian and Trans Union from July 2012 through the present.
  7.  Notwithstanding Plaintiff’s efforts, Equifax, Experian and Trans Union have sent Plaintiff correspondence indicating their intent to continue publishing the inaccurate information and Equifax, Experian and Trans Union continue to publish and disseminate such inaccurate information to other third parties, persons, entities and credit grantors.  Equifax, Experian and Trans Union have repeatedly published and disseminated consumer reports to such third parties from at least July 2012 through the present.
  8. Despite Plaintiff’s efforts, Equifax, Experian and Trans Union 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 any relevant information concerning Plaintiff’s disputes to the entities originally furnishing the inaccurate information; (4) requested or obtained any credit applications, or other relevant documents from the entities furnishing the inaccurate information; and (5) performed any handwriting analysis.
  9. Despite Plaintiff’s exhaustive efforts to date, Defendants have nonetheless deliberately, willfully, intentionally, recklessly and negligently repeatedly failed to perform reasonable reinvestigations of the above disputes as required by the FCRA, have failed to remove the inaccurate information, have failed to report on the results of its reinvestigations to all credit reporting agencies, have failed to note the disputed status of the inaccurate information and have continued to report the derogatory inaccurate information about the Plaintiff.
  10. As of result of Defendant’s conduct, Plaintiff has suffered actual damages in the form of lost credit opportunities, harm to credit reputation and credit score, and emotional distress.
  11. 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.
  12. At all times pertinent hereto, the conduct of the Defendants, as well as that of their 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.



  1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  2. At all times pertinent hereto, Equifax, Experian and Trans Union were “persons” and “consumer reporting agencies” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
  3. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
  4. 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).
  5. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Equifax,  Experian and Trans Union 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 and 1681i.
  6. The conduct of Equifax, Experian and Trans Union 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, Equifax, Experian and Trans Union are liable to 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.


(Plaintiff v. NCO)

  1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  2. Defendant NCO, is a “debt collector” as defined by 15 U.S.C. § 1692a(6) of the FDCPA.
  3. Plaintiff is a “consumer” as defined by 15 U.S.C. § 1692a(3) of the FDCPA.
  4. The reporting of the inaccurate information to credit reporting agencies by Defendant NCO is a “communication” relating to a “debt” as defined by 15 U.S.C. § 1692a(2) and 1692a(5) of the FDCPA.
  5. The alleged debt at issue arose out of a transaction that was primarily for personal, family or household purposes.
  6. Defendant NCO violated   the   FDCPA. Defendant NCO’s violations include, but are not limited to, violations of 15 U.S.C. §§ 1692e(2)(A), 1692e(8), 1692e(10), and 1692f, as evidenced by the following conduct:
    1. The false representation of the amount, character or legal status of a debt;
    2. Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed; and
    3. Otherwise using false, deceptive, misleading and unfair or unconscionable means to collect or attempt to collect a debt from the Plaintiff.

7. Defendant NCO’s acts as described above were done with malicious, intentional, willful, reckless, wanton and negligent disregard for Plaintiff’s rights under the law and with the purpose of coercing Plaintiff to pay monies relating to the inaccurate information.

34.       As a result of the above violations of the FDCPA, Defendant NCO is liable to Plaintiff.


  1. Plaintiff demands trial by jury on all issues so triable.


WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the Defendants, based on the following requested relief:

  1. Actual damages;
  2. Statutory damages;
  3. Punitive damages;
  4. Costs and reasonable attorney’s fees pursuant to 15 U.S.C. §§ 1681n, 1681o; and 15 U.S.C. §1692k(a)(3); an
  5. Such other and further relief as may be necessary, just and proper.

Respectfully Submitted,


BY:        /s/ Mark Mailman                            



Land Title Building, 19th Floor

100 South Broad Street

Philadelphia, PA 19110

(215) 735-8600

Attorneys for Plaintiff

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