Case 2:09-cv-00489-TMP Document 47 Filed 05/21/10 Page 1 of 57 FILED 2010 May-21 PMOS-18 Us. pistaiet COURT ND OF ALABAMA, IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION COREY SINGLETERY, Individually and on behalf of a class of similarly situated persons, Civil Number: Plaintiff, CV-09-TMP-0489-S v. EQUIFAX INFORMATION SERVICES, LLC, Defendant. PLAINTIFF'S FIRST AMENDED COMPLAINT COMES NOW the Plaintiff, Corey Singletery, by and through his undersigned counsel, in the above-styled cause, on behalf of himself and all others similarly situated, and pursuant to the Court Order dated May 11, 2010, amends his complaint as follows to clarify the plaintiff's claims under the Fair Credit Reporting Act, 15 U.S.C. § 1681 ef seq. (“FORA”). IURISDICTION AND VENUE 1. This is an action brought by a consumer for violations of the Fair Credit Reporting Act (15 U.S.C. § 1681, ef seq., [hereinafter “FCRA” or the “Act”.]). Therefore, subject matter jurisdiction exists under 28 U.S.C. § 1331Case 2:09-cv-00489-TMP Document 47 Filed 05/21/10 Page 2 of 57 Venue is proper in this Court under 28 U.S.C. § 1391(b), as the events took place in this judicial distr and Defendant is subject to the personal jurisdiction of this judicial district PARTIES Plaintiff, Corey Singletery (“Plaintiff” or “Singletery”), is a natural person who resides within this Judicial District. Plaintiff is a “consumer” as contemplated by 15 U.S.C. § 1681a(c). Defendant, Equifax Information Services, LLC (“Defendant” or “EIS”) is a Georgia limited liability corporation with its principal place of business in the state of Georgia. EIS regularly assembles or evaluates and maintains information to provide consumer reports to third parties. EIS collects both public record information and credit account information on consumers residing nationwide. EIS does business in this judicial district. EIS is a “nationwide” consumer reporting agency (“CRA”) as contemplated by the 15 USC § 1681a(f). INTRODUCTION In 2003 Congress passed and President Bush signed into law, the Fair and Accurate Credit Transaction Act (“FACTA”) to assist in the in the prevention of identity theft and credit card fraud. In the statement provided by the President during the signing of the bill, the president declared:Case 2:09-cv-00489-TMP Document 47 Filed 05/21/10 Page 3 of 57 This bill also confronts the problem of identity theft. A growing number of Americans are victimized by criminals to assume their identity and cause havoc in their financial affairs, With this legislation, the federal government is protecting our citizens by taking the offensive against identity theft 6. The FCRA as amended by FACTA imposes numerous responsibilities particular to nationwide CRAs, namely, national CRAs shall: a. Provide free annual disclosures of consumer reports to consumers, 15 USS.C. $1681g(6)(1)(B); b. Maintain a toll-free telephone number during normal business hours with personnel accessible to consumers who have requested their file disclosures, 15 U.S.C. §16812(c); c. Review complaints of inaccuracy compiled and transmitted by the Federal Trade [Commission (“FTC”). 15 U.S.C. §1681s(f)(1); and d. Abstain from corporate technological means to try to circumvent the responsibilities of nationwide CRAs. 15 U.S.C. §1681m(a)(2)(A). 7. The Act provides upon consumer request: All consumer reporting agencies described in subsections (p) and (w) of section 1681a of this title shall make all disclosures pursuant to section 1681g of this title once during any 12-month period upon request of the consumer and without charge to the consumer, 15 US.C. $1681j(1)(A). 8. The Act requires nationwide CRAs to provide consumers upon request with a free consumer disclosure (“credit report” or “annual file disclosure”) every 12 months,Case 2:09-cv-00489-TMP Document 47 Filed 05/21/10 Page 4 of 57 9. The credit report must be provided to the consumer no later than fifteen (15) days after the date on which the request is received. 15 U.S.C. 1681j(a)(2). 10.Nationwide CRAs must, upon the request of a consumer with proper identification, provide the consumer with an annual file disclosure. 16 CPR. §610.2(4). 11.CRAs must accept and process a consumer's request made by a method other than the process established by CRA, or the CRA must instruct the consumer how to properly make the request. 16 C.F.R. §610.3(e). 12.Nationwide CRAs must have adequate capacity to meet a reasonably anticipated volume of consumer requests. 16 C.F.R. §610.2(b)(2)(i). 13.Nationwide CRAs must have adequate contingency plans for reasonably likely situation that might increase demands. 16 C.F.R. §610.2(c); and 16 CFR. §610.3(6). 14.1n addition to the consumer’s right to request a free annual file disclosure from a nationwide CRA, a consumer may request a free consumer disclosure after a user takes an adverse action relating to a consumer’s credit within sixty (60) days from the CRA referenced in the user’s notice, 15 U.S.C §1681j(b). 15.The user’s adverse action letter must provide the name and address of the CRA that provided the consumer report. 15 U.S.C. §1681m.Case 2:09-ev-00489-TMP Document 47 Filed 05/21/10 Page 5 of 57 16. The consumer is entitled to a free copy of the credit report within thirty (30) days of receipt even if the basis of the denial was that the consumer had supplied credit references that were too few in number or too new to appear in the credit file. See FTC Staff Commentary §612. 17.CRAs are requited by the Act to require proper identification from consumers requesting a credit report. 15 U.S. >. §1681h, 18.When the consumer requests a free annual file disclosure, the Act states the CRA can ask for the minimum of personal information necessary to properly identify the consumer. 16 C.F.R. $§610.2(b)(2)(ii); and 610.3(a)(2)(ii). 19.Plaintiff on behalf of himself and all others similarly situated brings this action against Defendant based upon Defendant's violation of 15 U.S.C. §§1681, ef seq. 20.Plaintiff seeks on behalf of himself and the Classes, statutory damages, punitive damages, costs and attorneys’ fees, all of which are expressly provided by statute, and a permanent injunetion enjoining Defendant from continuing its unlawful practice of willfully violating the Act’s provisions. STATEMENT OF FACTS THE EXPERIENCE OF REPRESENTATIVE PLAINIFF 21, Within the statutory period, Plaintiff requested a free annual disclosure from EIS.Case 2:09-cv-00489-TMP Document 47 Filed 05/21/10 Page 6 of 57 22.On or about May 9, 2008, GE Consumer Finance caused to be mailed an adverse action letter to Plaintiff. 23.GE Consumer Finance’s adverse action letter stated in relevant part that EIS provided GE Consumer Finance “with information in whole or part [that] influenced [its] decision.” 24.In or around May 2008, Plaintiff requested a free annual disclosure from EIS. 25.In or around May 2008, Plaintiff requested a consumer disclosure from EIS as a result of a user’s adverse action. 26.On or about May 25, 2008, EIS caused a letter to be mailed to Plaintiff stating in pertinent part We have received you request concerning your annual free credit report from Equifax and are looking forward to assisting you. However, the information you provided as proof of your identity does not match your information currently on file. Therefore, to protect your credit information, we must ask for some additional information in order to verify your identification and address. ...The item you choose in the identity category must contain your Social Security number, and the item you choose in the address category must contain your current mailing address of: 1667 English Knoll Ln, Birmingham, AL 35235-2921. ... You can purchase your Equifax credit score for a charge of $ 7.95.Case 2:09-cv-00489-TMP Document 47 Filed 05/21/10 Page 7 of 57 27.On or about June 5, 2008, Plaintiff caused to be mailed a letter to EIS with relevant information regarding his Social Security number and current mailing address. 28.More specifically, Plaintiff's June 5, 2008 letter to EIS contained a copy of his Social Security card, which contained his Social Security number. 29.Plaintiff's June 5, 2008 letter to EIS contained a copy of his state-issued identification card, which contained his current mailing address, [REDACTED FOR SECURITY REASONS] 30. Nonetheless, on or about June 6, 2008, EIS caused to be mailed a second letter to Plaintiff requesting the above personal identifying information. In addition, EIS’ letter contained the following: “You can purchase your Equifax credit score for a charge of $ 7.95." 31.On or about June 9, 2008, according to EIS’ records, EIS received Plaintifi’s June 5, 2008 letter containing copies of his Social Security card and his state-issued identification card. 32.0n or about June 11, 2008, EIS caused to be mailed a third letter to Plaintiff requesting the above described personal identifying information. The letter from EIS also contained the following statement: “You can purchase your Equifax credit score for a charge of $ 7.95.”