Federal claim filed over alleged violations of Fair Credit Reporting Act

By Jon Campisi | Aug 6, 2011

An Oregon woman who claims she was harassed by a handful of credit reporting agencies, including having had false information about her credit history transferred to third parties, is suing the companies in federal court.

Philadelphia attorneys Mark Mailman and Gregory Gorski, of the firm Francis & Mailman, P.C., filed the complaint Aug. 4 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Janet Marie Rohloff of St. Helens, Oregon.

The defendants listed in the case are Trans Union, LLC, Equifax Information Services, LLC, Experian Information Solutions, Inc., and Client Services Inc.

The complaint accuses the defendants of reporting “derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties.”

The inaccurate information pertains to accounts with a variety of stores, banks and loan-holders, including, but not limited to, Bank of America, Kohls, Chase, Target, First Mutual Savings Bank and Citicorp Trust Bank.

One allegation in the suit concerns defendant Client Services, relating to the firm’s alleged hiring to collect a debt owed by the plaintiff to Target.

Through the lawsuit, Rohloff claims she never owed a debt to Target Financial Services.

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

The complaint alleges that the other three 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.”

In March of this year, the suit claims, defendant Credit Services contacted Rohloff in an attempt to collect the debt. In the process, the defendant annoyed, abused and harassed the plaintiff.

During the course of their conversations, Rohloff informed Credit Services that she owed no outstanding debt, and ordered the company to cease contacting her, the suit states. Still, the alleged harassment continued.

“Defendant Credit Services acted in a false, deceptive, misleading and unfair manner by misrepresenting the character, amount or legal status of any debt,” the lawsuit states. “As a result of Defendants’ 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.”

The lawsuit claims the defendants violated the federal Fair Credit Reporting Act and the Fair Debt Collection Practices Act.

There is also a count in the lawsuit of invasion of privacy.

Rohloff demands unspecified actual, statutory and punitive damages, as well as attorney’s fees. She has demanded a jury trial.

The federal case number is 2:11-cv-05010-TON.

More News

The Record Network