Pennsylvania Complaint Against Trans Union, Alliance One,Inc. for Mixing Consumer’s Credit File Information Causing Negative Impact

July 13th, 2012 by krista




John Doe,


















  Civil Action No.





Preliminary Statement

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

The Parties

  1. Plaintiff  is an adult individual residing in Pennsylvania.
  2. Defendant, Trans Union, LLC (“Trans Union”), is a business entity which regularly conducts business in the Eastern District of Pennsylvania and which has a principal place of business located at 1510 Chester Pike, Crum Lynne, PA 19022.
  3. Defendant, Alliance One, Inc. (“Alliance One”) is a business entity which regularly does business in the Eastern District of Pennsylvania and has a principal place of business at 717 Constitution Drive, Suite 202, Exton, PA 19341.  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.


Jurisdiction of this Court arises under 15 U.S.C. § 1692k(d), 15 U.S.C. § 1681p and 28 U.S.C. § 1331.

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

Factual Allegations

  1. At all pertinent times hereto, Defendant Alliance One was hired to collect a debt relating to a debt owed by Plaintiff’s son (hereafter the “debt”).
  2. The alleged debt at issue arose out of a transaction which was primarily for personal, family or household purposes.
  3. At all pertinent times hereto, Plaintiff was not responsible for the debt.
  4. Notwithstanding the above Defendants have been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (the “inaccurate information”).
  5. The inaccurate information includes, but is not limited to, a collection account with Alliance One belonging to Plaintiff’s son and other personal information.
  6. 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 TransUnion’s faulty procedures, Defendant TransUnion mixed the credit file of Plaintiff and that of another consumer with respect to the inaccurate information and other personal identifying information.
  7. Defendant TransUnion 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.
  8. Plaintiff further spoke with Defendant Alliance One on or about March 8, 2012 and advised that he was not responsible to the debt that was being reported.  Alliance One’s representative confirmed that the debt did not belong to Plaintiff, but advised that it was not going to request that the account be deleted from Plaintiff’s TransUnion credit file.
  9. Defendant Alliance One as such acted in a false, deceptive, misleading and unfair manner by reporting credit information that it knew or should have known was false.
  10. 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, including humiliation and embarrassment.
  11. Defendants knew or should have known that their actions violated the FCRA and/or FDCPA.  Additionally, Defendants could have taken the steps necessary to bring their agent’s actions within compliance of these statutes, but neglected to do so and failed to adequately review those actions to insure compliance with said laws.
  12. At all times pertinent hereto, Defendants were acting by and through its agents, servants and/or employees, who were acting within the scope and course of their employment, and under the direct supervision and control of the Defendants herein.
  13. At all times pertinent hereto, the conduct of Defendants as well as its agents, servants and/or employees, was malicious, intentional, willful, reckless, negligent and in wanton disregard for federal and state law and the rights of the Plaintiff herein.
  14. As a result of Defendants’ conduct, Plaintiff has sustained actual damages, including, but not limited to injury to Plaintiff’s reputation, invasion of privacy, damage to Plaintiff’s credit, out-of-pocket expenses, emotional and mental pain and anguish, embarrassment, humiliation, damage to reputation and pecuniary loss and will continue to suffer same for an indefinite time in the future, all to his great detriment and loss.

COUNT I – TRans Union


Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.

  1. At all times pertinent hereto, Trans Union was a “person” and “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
  2. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
  3. 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).
  4. Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o,  Trans Union is 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).
  5. The conduct of 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, Trans Union is 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.


Count II – Alliance one


Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.

  1. Defendant Alliance One is a “debt collector” as defined by 15 U.S.C. § 1692a(6) of the FDCPA.
  2. Plaintiff is a “consumer” defined by 15 U.S.C. § 1692a(3) of the FDCPA.
  3. The above disputes by Plaintiff and the reporting of inaccurate information to credit reporting agencies by Defendant  are “communications” relating to a “debt” as defined by 15 U.S.C. § 1692a(2) and 1692a(5) of the FDCPA.
  4. Any alleged debts at issue arose out of a transaction which was primarily for personal, family or household purposes.
  5. Defendant violated the FDCPA. Defendants’ violations include, but are not limited to, violations of U.S.C. §§ 1692e(2)(A), 1692e(8), 1692e(10), and 1692f, as evidenced by the following conduct:

(a)    The false representation of the amount, character, or legal status of the debt;

(b)   The use of false, deceptive, or misleading representation or means in connection with the collection of any debt;

(c)    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

(d)   Otherwise using false, deceptive, misleading and unfair or unconscionable means to collect or attempt to collect any debt.

  1. Defendant’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.


40.       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:

(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 1692k(a)(3); and

(e)                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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