Texas man files federal lawsuit over unfair credit reporting practices

Jon Campisi Aug. 15, 2011, 6:30am

Attorneys for a Texas man have filed a lawsuit on his behalf at the U.S. District Court for the Eastern District of Pennsylvania, alleging he suffered hardships after various credit reporting agencies falsely misrepresented his credit history to third parties.

Philadelphia attorneys Mark D. Mailman and Erin A. Novak filed the federal complaint Aug. 11 on behalf of Robert E. Lunderville of Del Rio, Texas.

Named as defendants in the lawsuit are Trans Union, LLC, Equifax Information Services, LLC, CSC Credit Services, Inc., Green Tree Servicing, LLC, Regional Management Corp., Security Finance Corp. and Sun Loan Company.

The complaint alleges that the defendants have engaged in a pattern of reporting “derogatory and inaccurate” statements and information relating to the plaintiff’s credit history to third parties, which include a number of banks and companies.

“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 lawsuit reads. “The inaccurate information consists of accounts and/or tradelines that do not belong to the Plaintiff.”

The lawsuit claims that the defendants have been reporting the false information through consumer credit reports that they have disseminated to various “persons and credit grantors, both known and unknown.”

Lunderville has disputed the supposed inaccurate information through the use of both oral and written communications with a number of the defendants, the lawsuit states, but they have indicated their intent to continue publishing the inaccurate information.

“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 [Federal Credit Reporting Act], 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,” the lawsuit states.

As a result, Lunderville has suffered lost credit opportunities, harm to credit reputation and credit score and emotional distress, the lawsuit claims.

Through his claim, Lunderville seeks judgment in the form of actual damages, statutory damages, punitive damages, court costs, attorney’s fees and other relief deemed appropriate by the court.

He has demanded a jury trial.

The federal case number is 2:11-cv-05133-CDJ.

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