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Need case law for non-compliance of procedures


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Dude, speak English or Die! I have a little brain and don't understand all the numbers. Both of these incorporate what you're looking for (I think). Sorry 'bout the quality. My OCR program wasn't OCRing properly (but then I got it from Arthur Andersen -- what do you expect?).

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

GREGORY FAULKNE

Plaintiff,

v.

EXPERIAN INFORMATION SOLUTIONS, INC., WELLS FARGO HOME MORTGAGE, INC.

Defendants.

COMPLAINT

PARTIES, JURISDICTION & VENUE

1. Plaintiff brings this action for damages based upon defendants' violations of the Fair Credit Reporting Act, 15 U.S.C. sections 1681 et seq. ("FCRA"), and of state law obligations brought as supplemental claims.

2. The jurisdiction of this Court attains pursuant to the FCRA, 15 D.S.C. Section 1681(P), and the doctrine of pendent jurisdiction. The amount in controversy exceeds jurisdictional requirements of this court. Venue lies in this distri<;t, as plaintiff's claims arose from acts of the defendants perpetrated therein.

3. Plaintiff is a natural person and is a resident and citizen ofMuscogee County, Georgia. Plaintiff is a "consumer" as defined by §1681 of the FCRA.

4. Wells Fargo Home Mortgage, Inc. ("Wells Fargo"), a corporation licensed to do business in the State of Georgia, is a furnisher of information as contemplated by FCRA section 1681s-2(a) & (B), that regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about consumer transactions or experiences with any consumer. Wells Fargo may be served through its registered agent for service of process, Corporation Service Company, 4845 Jimmy Carter Boulevard, Norcross, GA.

5. Experian Information Solutions, Inc. ("Experian"), is a foreign corporation licensed to do business in the State of Georgia. Experian may be served through its registered agent for service of process, CT Corporation System, 1201 Peachtree Street, N.E, Atlanta, GA 30361.

6. Experian is a consumer reporting agency, as defined in section 1681{f) of the FCRA, regularly engaged in the business of assembling. evaluating, and dispersing information concerning consumers for the purpose of furnishing consumer reports, as defined in section 1681a(d) of the FCRA, to third parties.

FACTUAL ALLEGATIONS

7. Plaintiff's creditworthiness has been repeatedly compromised by the acts and omissions of the defendants.

8. On or about November, 2001, Plaintiff was informed by a mortgage broker that Plaintiff could re-finance his home to effectuate lower monthly payments. At the time, the existing mortgage was held by a lender known as "Countly Wide." The mortgage broker allegedly arranged financing on behalf of Plaintiff with defendant Wells Fargo. Plaintiff had an existing business relationship with defendant Wells Fargo at the time.

9. Plaintiff obtained a closing attorney and prepared to attend a closing of the new loan on terms represented to him by the mortgage broker.

10. Subsequently, Plaintiff learned that the information passed on by the mortgage broker was incorrec_ and that Plaintiff would not benefit financially ftom the re-financing as he had hoped. Plaintiff rightfully chose not to re-finance the home or close the new loan, and informed the mortgage broker and lawyer of this decision.

11. Notwithstanding the fact that the new loan had never been closed and there was no valid loan contract, plaintiff received a payment notice in the mail ftom Wells Fargo. Plaintiff subsequently received ftom Wells Fargo a notice of impending foreclosure on his home.

12. Plaintiff made contact with an employee of Wells Fargo ("a loan officer") who advised Plaintiff that the loan had not closed, and that Wells Fargo had no contractual lending relationship with Plaintiff The Wells Fargo employee also informed plaintiff that Wells Fargo would remedy all erroneous reporting on his credit reports through the appropriate agencies.

13. Subsequently, plaintiff was denied loans on his home and was denied favorable financing on the purchase of an automobile. Lenders told plaintiff his creditworthiness had been adversely affected by adverse notations on his credit report which indicated a delinquent payment history with Wells Fargo.

14. Plaintiff subsequently attempted through multiple items of correspondence with Experian to prompt Experian to correct the defamatory credit history it was falsely reporting to potential lenders and vendors attempting to do business with Plaintiff Notwithstanding the repeated notices, Experian refused to remedy the erroneous information, and has continued to report it to third parties on plaintiff's credit report.

15. Wells Fargo improperly reported a non-existing loan delinquency to credit reporting agencies, including defendant Experian, and other third parties. Wells Fargo also failed to remedy the fictitious adverse credit reporting, notwithstanding representations to Plaintiff that it would do so

16. Defendant Experian improperly reported inaccurate information regarding plaintiff's credit history. and has failed in its duty to reinvestigate the claims by plaintiff.

17. As a result of the derogatory information reported by Beneficial and/or Household, plaintiffhas abstained from applying for credit, has had adverse action taken on existing credit accounts and has been denied credit. Plaintiff has sustained actual damages including emotional distress and pecuniary loss.

STATEMENT OF CLAIMS AGAINST WELLS FARGO

18. Wells Fargo has:

a) willfully and/or negligently violated the provisions of the FCRA by willfully and/or negligently failing to comport with FCRA section 1681s-2(B);

B) defamed plaintiff by publishing to third parties information regarding his creditworthiness;

c) invaded the privacy of plaintiff;

d) failed its duty to prevent foreseeable injury to plaintiff.

STATEMENT OF CLAIMS AGAINST EXPERlAN

19. In the entire course of its action, Experian willfully and/or negligently violated the provisions of the FCRA in the following respects:

a) by willfully and/or negligently failing. in the preparation of the consumer reports concerning plaintiff. to follow reasonable procedures to assure maximum possible accuracy of the information in the reports.

B) by willfully and/or negligently failing to comport with FCRA'section 168li.

c) defaming plaintiff by publishing to third parties false information regarding his creditworthiness:

d) invading the privacy of plaintiff;

e) failing in its duty to prevent foreseeable injury to plaintiff.

PRAYER FOR RELIEF

WHEREFORE, plaintiff prays for the following relief as against Defendants:

a) actual damages;

B) punitive damages;

c) attorney's fees;

d) costs;

e} trial by jury;

f) all other relief as the Court and jury deem fit.

Respectfully submitted this 7{"1\. day of 11,:> "-.J r, 2003.

Philip J. Johnson

Ga Bar No. 395075

Attorney for Plaintiff

Law Offices of Philip J. Johnson P.O. Box 2552

Columbus, GA 31902

Tel: (706) 324-6080

Stanley L. Merritt, Jr. /'

Ga Bar No. 503127 Attorney for Plaintiff

P.O. Box 1517 Columbus, Ga 31902-1517 Tel: (706) 571-9304

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA O~ fEu SOUTHERN DIVISION

TORREY LAKENDRICK WARD,

EQUIFAXINFORMATIONSERVICESLLC. )

a Georgialimited liability company; )

TRANS UNIONLLC, a Delaware limited )

liability company;EXPERIAN )

INFORMATIONSOLUTIONS,INC.,an Ohio)

corporation; BONNEVILLECOLLECTIONS, )

INC.. a foreign corporation; )

CAPITAL ONE BANK, a National Banking)

entity; WELLS FARGO )

FINANCIAL.,a foreign corporation; )

WFS FINANCIALINC., )

a California corporation; )

Plaintiff,

v.

Defendants.

COMPLAINT

JurisdicJiQn

1. This Honorable Court has jurisdiction over this matter based upon 28 U.S.C.§1331, inthat this dispute involvespredominantissues offederal law. A majorityof theDefendants are liableunto Plaintiffpursuant to the provisionsofthe FairCreditReportingAct,('"FCRA")15 U.S.C. § 1681et seq. Defendantsare also liableto Plaintiffspursuant to the lawsof the State ofAlabamawhichclaimsmay be broughtunder the Pendant Jurisdictionofthis Court.

Padies Plaintiff,Torrey LakendrickWard, is a natural person and is a resident and 2.

citizenof the State of Alabama. Plaintiffis a "consumer"as definedbythe Fair Credit Reporting Act, 15 U.S.C.A §1681a©.

/

Ward v. Equlfax Infonnation ServIces. et al

Complaint

3. DefendantEquifaxInformationServices llC ("Equifax")on informationand

beliefis a Georgia limitedliabilitycompanydoingbusiness in Jefferson County,Alabama.

DefendantEquifaxis a consumer reportingagency as definedbythe Fair CreditReportingAct 15 U.S.C.A. §1681a(f).

4. DefendantTrans UnionllC ("TransUnion")on informationand beliefis a

Delawarecompanydoing business in Jefferson County,Alabama.DefendantTrans Unionis a consumer reportingagency as definedbythe FairCreditReportingAct 15 .S.C.A.§1681a(f). 5. DefendantExperianInformationSolutions,Inc. ("Experian")on informationand beliefis an Ohiolimitedliabilitycorporationdoing business in Jefferson County,Alabam

DefendantExperianis a consumer reportingagency as def!nedbythe Fair CreditReportingAct 15 U.S.C.A. §1681a(f).

6. DefendantBonnevilleCollectionsInc. ("Bonneville") on informationand beliefis a

foreigncorporationdoing business in Jefferson County,Alabama. DefendantBonnevilleis a

person whofurnishes informationto consumer reportingagencies under the FairCredit

Reporting Act, 15 U.S.C.A. §1681s-2.

7. DefendantCapitalOne Bank("CapitalOne")on informationand beliefis a

national'bankingentitydoing business in Jefferson County,Alabama.DefendantCapitalOne is a person whofurnishes informationto consumer reportingagencies under the FairCredit

Reporting Act, 15 U.S.C.A. §1681s-2.

8. DefendantWFSFinancialInc.("WFS")on informationand beliefis a California

corporationdoing business in Jefferson County,Alabama.DefendantWFSis a person who

furnishes informationto consumer reportingagencies under the FairC~it ReportingAct, 15

U.S.C.A. §1681s-2.

9. DefendantWellsFargo Financial("WellsFargo")on informationand beliefis a

foreign corporationdoing business in Jefferson County,Alabama.DefendantWellsFargo is a 2

Ward v. Equifax Information Services. et at

Complaint

person who furnishes information to consumer reporting agencies under the Fair Credit

Reporting Act, 15 U.S.C.A. §1681s-2.

FACTUAL ALLEGATQS

10. Plaintiff,Torrey LakendrickWard, is a natural person and is a resident and

citizenof the State of Alabama. Plaintiffis a ~consumer"as defined by section 1681a© of the

FairCreditReportingAct. Plaintiff'screditworthiness has been repeatedlycompromisedbythe

acts and omissions of the defendants.

11. On or about the 481or 581of February,2002, Plaintiffwent to Jim Skinner Ford, a

car dealership, for the purpose of purchasinga 1999Ford Explorer,a vehiclethat Plaintiffhad been leasing since 1999. As part of the process of purchasingthe vehicle, Plaintiff'sconsumer credit report was utilizedby the dealership. Plaintiffavers that said consumer credit report was prepared by defendant Equifax,Trans Union, and/or Experian.

12. After the dealership received the consumer report. it informed Plaintiff that there

were numerous negative items appearing on said report that affected his creditworthiness. As

a result of the negative items appearingon the report, Plaintiff was charged a higher interest rate on the loanto purchasethe automobile.

13. Subsequent to Plaintiff purchasing the automobile, Plaintiff realized that he was

a victim of identity theft. Plaintiff started receiving letters and telephone calls from various

companies demanding payment on various fraudulent accounts that an unknown individual had

opened in Plaintiff'sname.

14. In or about August of 2002, Plaintiffrequested credit reports from Defendant

Equifax, Trans Union, and Experian. Defendants Equifax, Trans Union, and Experian may hereinafter be referred to collectivelyas the ~ConsumerReportingAgencies." After reviewing the credit reports, Plaintiffdiscovered that his credit report contained negative informationand that such negative information came from various unauthorized,fraudulent and/or wrongful 200411488 Ward v. Equifax Infonnatfon Services, et a'.

Complaint accounts and informationfrom the followingthe followingaccounts: Defendant Bonneville, account number, 98000000002737365; Defendant Capital One, account number, 4121741933080181; Defendant Wells Fargo, account number, 106040150767655;Defendant WFS, account number 518920126094; Collection Center of Wyoming, account number 10310160001170586;First Premier Bank account number 5178007002006278;and Discover FinancialServices, account number 6011004590621690. Plaintiffavers that he never opened any of the above accounts and did not authorize anyone to use his personal identification numbers, including but not limited to Plaintiff's Social Security Number, Driver's License

Number,and/or Date of Birth,to open any type of account in Plaintiffsname.

15. Plaintiff notified said Consumer Reporting Agencies that his credit report

contained inaccurate information and contained information about accounts that were

fraudulent and requested that the Consumer Reporting Agencies investigate and/or

reinvestigate the informationand modifyhis credit report to remove all damaging information regarding the fraudulent accounts. Plaintiffalso sent a letter to the Credit ReportingAgencies contesting and disputing the inaccuracies and the unauthorized, fraudulent and/or wrongful accounts and informationforwhichhe was not liable.

16. Plaintifffurther notifiedDefendant Experianthat certain addresses in the States

of Utah and Californiawere incorrectlybeing reported on his credit report. Plaintiffavers that he has never resided in Utah, nor in California,and that any suc~ address is incorrect.

17. Plaintiffavers that after notifyingthe Consumer Reporting Agencies that his

credit report contained inaccurate informationand contained informationabout accounts that were fraudulent and requested that the Consumer Reporting Agencies investigate and/or reinvestigate the informationand modifyhis credit report to remove all damaging information regarding the fraudulentaccounts, that said Consumer RePortingAgencies continuedto report inaccurate informationand informationabout the fraudulentaccounts.

7nn4J1AAA

Ward v. Equlfax Information Services, et aI.

Complaint

18. Based on information and belief, Defendant WFS, reported to the Credit

ReportingAgencies informationthat was derogatory and damaging to Plaintiff. Plaintiffavers that any such informationwas inaccurate and untrue, that WFS knew that the informationwas inaccurate and untrue and that WFS continued to furnish said informationto the Credit Reporting Agencies concerning such account. Further. Plaintiffavers that Plaintiffnotified Defendant WFS that account number 518920126094was fraudulent and that Plaintiffnever opened the account.

19. Based on informationand belief,DefendantWells Fargo, reported to the Credit

ReportingAgencies informationthat was derogatory and damaging to Plaintiff. Plaintiffavers that any such informationwas inaccurate and untrue, that Wells Fargo knew that the information was inaccurate and untrue and that Wells Fargo continued to furnish said informationto the Credit ReportingAgencies concerning such account. Further, Plaintiffavers that Plaintiff notified Defendant Wells Fargo, that account number 106040150767655 was fraudulentand that Plaintiffnever opened the account.

20. Based on informationand belief, DefendantCapitalOne, reported to the Credit

Reporting Agencies informationthat was derogatory and damaging to Plaintiff. Plaintiffavers that any such information was inaccurate and untrue, that Capital One knew that the information was inaccurate and untrue and that Capital One continued to furnish said informationto the Credit ReportingAgencies concerningsuch account. Further, Plaintiffavers that Plaintiffnotified Defendant Capital One that account number 4121741933080181 was fraudulentand that Plaintiffnever opened said account.

21. Based on informationand belief, Defendant Bonneville,reported to the Credit

ReportingAgencies informationthat was derogatory and damaging to Plaintiff. Plaintiffavers that any such informationwas inaccurate and untrue, that Bonnevilleknewthat the information was inaccurate and untrue and that Bonnevillecontinued to furnish said I nformationto the 2004/1488

Ward v. Equlfax Information Services. et al. ComplaInt Credit Reporting Agencies concerning such account. Further, Plaintiffavers that Plaintiff notifiedDefendant Bonneville,that account number 98000000002737365was fraudulent and that Plaintiffnever opened said account.

22. Based on informationand belief,one or more of the Defendants reported to the

credit reporting agencies informationthat was derogatory and damaging to Plaintiff. Plaintiff avers that any such informationconcerning the respective accounts withthe Defendants was untrue, that such Defendants knewthat such informationwas untrue and that such Defendants furnished informationto the credit reportingagencies concerningsuch accounts with maliceor willfulintentto injurePlaintiff,a consumer.

23. Plaintiffavers that one or more of the Defendantspublishedfalse and derogatory

credit informationabout him, with knowledgeand notice, after Plaintiffhad disputed the debt requested reinvestigationand providedsufficientinformation,and that the false informationwas furnishedto recipients of his credit reports as a result of the Defendants' maliceor willfulintent to injurePlaintiff.

24. Plaintiff avers that one or more of the Defendants have furnished false

informationto a consumer reportingagency, as defined in 15 U.S.C. §1681a(f),and that such false informationwas furnishedwithmaliceor willfulintentto injurePlaintiff.

25. Plaintiffavers that the conduct and actions of each of the Defendantswas willful,

wanton, oppressive and malicious. COUNT ONE

(Fair Credit Reporting Act-Credit Reporting Agencies)

Plaintiffhereby adopts and realleges each and every allegation contained in 1.1.

paragraphs 1 through25.

1.2. Plaintiffavers that one or more of the Credit ReportingAgency Defendants is a

Credit Reporting Agency as defined by the Fair Credit Reporting Act, 15, U.S.C. § 1681a(f).

2004f1488 Ward v. Equifax Information Services, et al.

Complaint

1.3. Plaintiffavers that one or more of the CreditReportingAgency Defendants have

willfullyand/or negligentlyfailedto complywiththe FairCreditReportingAct, 15 U.S.C§1681 et seq.

1.4. Plaintiffavers that said Credit Reporting Agencies failed to comply with the

provisionsof the Fair CreditReportingActby, but not limitedto:

a. furnishinga consumer reportfor impermissiblepurposes;

b. failingto followreasonable procedures to assure maximumpossible accuracy of the

informationin consumer reports;

c. reportingobsolete information;

d. failingto make mandatorydisclosures;

e. failingto conduct a mandatoryreinvestigation;

f. failingto correct inaccurateor incompleteinformation;and/or

g. failing to comply with the requirements relating to reinsertion of disputed credit

informationintothe consumer's file.

1.5. Plaintifffurther avers that one or more of the.Defendants acted with knowledge

that such informationit reported or furnishedwas false or that such Defendants knew said

informationwas false or acted with recldess disregard of whether it was false or not, and

that such Defendants thereby acted withmalicetowardPlaintiff. 1.6. §16810.

Plaintiffavers that such Defendants have violated 15 U.S.C. §1681n and/or

1.7. As a result of the CreditReportingAgencyDefendants'failureto complywiththe

Fair Credit ReportingAct, the Plaintiffwas caused to abstain from applyingfur credit, was

caused to pay a higher interest rate on his automobileloan, he lost opportunityto receive

credit, and was caused to suffer damage to his reputation,worry,fear, distress, frustration,

embarrassment, humiliation,and other damages, emotionaldistress and pecuniaryloss, all

to his damages in an amountto be determinedbythe jury.

2004/1488

Ward v. Equifax Infonnatlon Services. et al.

Complaint

1.8. Plaintiffclaims that Plaintiffis entitledto damages against such Defendants as

set forth in 15 U.S.C. §§1681n or 16810, including reasonable attorney's fees as

determined bythe Courtas set forthin 15U.S.C.§§1681n(3}and 16810{3).

WHEREFORE,Plaintiffhereby demands judgment against the said Defendants,

jointlyand severally,for the actions and/or conduct of the said Defendants, and for the violation of the said code sections. for a sum to be determined in a trial of this matter for direct and compensatory damages. plus pre-judgmentinterest;for a sum to be determined in a trialof this matter for emotional distress and mental anguish; for general, consequential and incidental damages; for punitivedamages; for cost of this actiontogether withreasonable attorney's fees; and for any other reliefto whichPlaintiffmay be entitled. COUNT TWO

(Fair Credit Reporting Act-Fumishers)

Plaintiffhereby adopts and realleges each and every allegation contained in 2.1.

paragraphs 1 through 1.8.

2.2. Plaintiffavers that Defendants Bonneville,WFS, Wells Fargo and CapitalOne

are furnishers of informationto consumer reportingagencies under Fair Credit ReportingAct, 15 U.S.C.A. §1681s-2.

2.3. Plaintiffavers that one or more of the furnishers have willfullyand/or negligently

failed to complywiththe Fair Credit Reportingact. 15 USC §1681 et seq., by failingto comply with15 U.S.C.A.§1681s-2(B).

2.4. As a result of the furnishers' violationsof the Fair Credit ReportingAct. Plaintiff

was caused to abstain from applyingfor credit,was caused to pay a higher interest rate on his automobileloan, he lost opportunityto receive credit, and was caused to suffer damage to his reputation, worry, fear, distress. frustration.embarrassment, humiliation,and other damages, emotionaldistress and pecuniaryloss, allto his damages in an amountto be determined by the jury.

200411488

8

Ward v. Equifax Information SeNIces. et at.

Complaint

2.5. Plaintifffurther avers that one or more of the Defendants acted with knowledge

that such informationit reported or furnished was false or that such Defendants knew said

informationwas false or acted withreckless disregard of whether it was false or not, and that such Defendants thereby acted withmalicetowardPlaintiff.

2.6. §16810.

Plaintiffavers that such Defendants have violated 15 U.S.C. §1681n and/or

2.7. Plaintiffclaims that Plaintiffis entitted to damages against such Defendants as

set forthin 15 U.S.C.§§1681nor 16810, includingreasonable attorney's fees as determined by the Court as set forthin 15 U.S.C.§§1681n(3)and 16810(3).

WHEREFORE, Plaintiffhereby demands judgment against the said Defendants,

jointlyand severally,for the actions and/or conduct of the said Defendants, and for the violation of the said code sections, fOfa sum to be determined in a trial of this matter for direct and compensatory damages, pfus pre-judgmentinterest,for a sum to be determinedin a trialof this matter for emotional distress and mental anguish; for general, consequential and incidental damages; for punitivedamages; for cost of this actiontogether withreasonable attorney's fees; and for any other reliefto whichPlaintiffmaybe entitled.

COUNT THREE

(Defamation)

3.1. Plaintiffhereby adopts and realleges each and every allegation contained in

paragraphs 1 through 2.7.

3.2. Plaintiffavers that Defendants. Bonneville.Wells Fargo, WFS, and Capital One

unlawfullyand maliciouslypublished and furnishedfalse writteninformationto credit reporting

agencies with knowtedgethat said informationwouldbe published to "users" of credit reports.

whichwas derogatorycreditinformationconcerningPlaintiff.

3.3. Plaintiffavers that Consumer Reporting Agencies issued one or more credit

reports containingsuch false informationfurnishedby one or more of the Defendants. and that

200411488

Ward v. Equlfax Infonnation Services, et al.

Complaint

the said defendants furnished such report and false informationwith malice or willfulintent to injure Plaintiff,a consumer. Plaintifffurtheravers that the said defendants issued a credit report containing such false informationto one or more users of credit reports, and that the said defendants furnished such report and false informationwith malice or willfulintent to injure Plaintiff,a consumer.

3.4. Plaintiffavers that the credit informationfurnished and published by the said

Defendants was false, and that such Defendants knew or should have knownthat itwas false, or acted withreckless disregard of whether itwas false or not and that the said defendants are guiltyof defamation,libel,libelper se, slander and/or slander per se.

3.5. Plaintiffclaims punitivedamages as Plaintiffavers that Plaintiffhas made a

demand upon and requested that said Defendants publish a retraction of said statement or

false information pursuant to Section 6-5-186, Code of Alabama, (1975), and the said

Defendants have failedor refused to retract the same throughthe date hereof or withinthe time allowedby law.

3.6. Plaintiffavers that, as a proximateresult of the defamation, libel, libel per se,

slander and/or slander per se by the said Defendants, Plaintiffhas suffered damages, mental anguish and emotionaldistress, incidentaland consequentialdamages and other damages.

WHEREFORE, Plaintiffdemands judgments against each of the said Defendants,jointly

and severally, for the defamation, libel,libelper se, slander and/or slander per se of the said Defendants, as set forth herein for a sum to be determinedin a trial of this matter for direct and compensatory damages, mental anguish and emotional distress, consequential damages. incidentaldamages, punitivedamages, cost of court, interest and any other reliefwhichPlaintiff may be entitled.

COUNT FOUR

(Invasion of Privacy)

Plaintiff hereby adopts and realleges each and every allegation contained in 4.1.

paragraphs 1 through 3.6.

200411488

Ward y. Equifax Infonnatlon Services. et at

Complaint

4.2. Ptaintiffavers that each of the Defendants in this action has injured Plaintiffby

(1) a wrongful intrusion on the solitude or seclusion of Plaintiffand his private affairs and

concerns; (2) by publishingand making publiccertain informationwhichviolates the ordinary decencies; and (3) by putting Plaintiffin a false. though not necessarily defamatory, light or positionin the publiceye.

4.3. Plaintiffavers that, as a proximateresult of the wrongfulinvasion of Plaintiffs

privacy by the Defendants, Plaintiffhas suffered damages. mental anguish and emotional

distress, economic or financial damages, incidental and consequential damages and other

damages.

WHEREFORE, Plaintiffdemands judgments against each of the Defendants, jointlyand

severally, for the actions, omissions and/or conduct of the said Defendants as set forth herein and for the causes of actions as set forth herein for a sum to be determined in a trial of this matter for direct and compensatory damages, mental anguish and emotional distress, consequential damages. incidentaldamages, punitivedamages, cost of court, interest and any other reliefwhichPlaintiffmay be entitled.

COUNT FIVE

(Negligent IWanton Supervision and Training)

Plaintiffhereby adopts and realleges each and every allegation contained in 5.1.

paragraphs 1 through4.3.

5.2. The Plaintiffavers that each ofthe Defendantsnegligentlyand/or wantonlyhired,

trained, instructed, directed or supervised each of their employees, agents, servants and

representatives who dealt withthe Ptaintiffor whowere otherwise involvedin any act, omission

or violationalleged in this action,

5.3. As a proximate result of each of the said Defendants' negligent I wanton

supervision of its employees, Plaintiffwas caused to suffer damages, mental anguish and

emotionaldistress, incidentaland consequentialdamages and other damages.

2004/1488

------

Wardv. Equlfax Information Services, et al.

ComplaInt

WHEREFORE,Plaintiffhereby demands judgmentagainst each of the said Defendants

for the actions and/or conduct of the said Defendants, for a sum to be determined in a trial of this matter for direct and compensatory damages, plus pre-judgmentinterest; for a sum to be determined in a trial of this matter for emotional distress and mental anguish; for general, consequential and incidentaldamages; for punitivedamages and for any other reliefto which Plaintiffmay be entitled.

COUNT SIX

(Nuisance)

Plaintiffhereby adopts and realleges each and every atlegation contained in 6.1.

paragraphs 1 through 5.3.

6.2. This count and cause of action is broughtand the Court's jurisdictionis invoked

pursuant to the provisionsof the Code of Alabama (1975), 16-5-120 et seq. and pursuant to commonlaw.

6.3. Plaintiffhereby avers that a privatenuisance has been created by the conduct,

act s and/or omissions of each of the Defendants, and that the Plaintiffhas been damaged by said nuisance. Plaintifffurther avers that the Defendants harassment, persistence, abuse, conduct, acts and/or omissions have worked hurt, injury, inconvenience and/or damage to Plaintiff,that such conduct, acts and/or omissions are such as would affect an ordinary, reasonable person, and that such conduct, acts and/oromissions have constituteda nuisance. 6.4. Plaintiffavers that the conduct and action of the Defendants described herein was willful,wanton, oppressive and/or malicious.

6.5. Plaintiffavers that, as a proximateresult of the conduct, acts, omissions and

nuisance by the Defendants, Plaintiffhas suffered damages, mental anguish and emotional

distress, economic or financial damages, incidental and consequential damages and other

damages.

200411488

12

Wardv. Equifax Information Services. et al.

Complaint

WHEREFORE.Plaintiffdemands judgments against each of the Defendants.jointlyand

severally. for the actions, omissions and/or conduct of the said Defendants as set forth herein and for the causes of actions as set forth herein for a sum to be determined in a trial of this matter for direct and compensatory damages, mental anguish and emotional distress, consequential damages, incidentaldamages. punitivedamages, cost of court, interest and any other reliefwhichPlaintiffmay be entitled.

COUNTSevEN

(CoRspiracy)

7.1. Plaintiffhereby adopts and realleges each and every allegation contained in

paragraphs 1 through 6.5.

7.2. Plaintiff avers that two or more of the Defendants have conspired among

themselves to injure, damage. misrepresent material facts to others regarding Plaintiff.and

suppress material facts from Plaintiff.and have also committed acts in furtherance of said

conspiracyto the detrimentof Plaintiff.

7.3. As a direct and proximatecause of the acts and conspiracy or conspiracies of

the Defendants, Plaintiffhas been damaged.

WHEREFORE,Plaintiffdemands judgments against each of the Defendants for the

actions, omissions and/or conductof the said Defendantsas set forthherein and for the causes of actions as set forth herein for a sum to be determined in a trial of this matter for direct and compensatory damages. mental anguish and emotional distress, consequential damages. incidentaldamages, punitivedamages, cost of court, interest and any other reliefwhichPlaintiff may be entitled.

200411488

Ward v. Equlfax Information SeIvic:es, et al.

Complaint

PLAINTIFF DEMANDS T

DEFENDANTS' ADDRESSES:

Equifax Information Services LLC

P.O. Box 105518

Atlanta, Georgia 30348

Trans Union LLC

P.O. Box 6790,

Fullerton, CA 92634-6790

ExperianInformationSolutions,Inc.

P.O. Box 9532,

Allen TX 75013

WFS Financial Inc.

23 Pasteur,

Irvine, CA 92618

Wells Fargo Financial

1240 Office Plaza Drive

West Des Moines, IA 50266-2300

CapitalOne Bank

11011W. BroadStreet

Glen AllenVA 23060-5937

Bonneville Collections,Inc.

2627 Washington Blvd

Ogden, UT 84401-3613

&ERVEBY j:~RTlFlED_MAlL

SERVE BY CERTIFIED MAIL

SERVUY CERTIFIEDMAIL

SERVE BY CERTIfiED MAIL

SERVE BY CERTIfiED MAIL

SERVE BY CERTlfIE_D MAIL

SERVE_BY CERTIFIED MAil

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The reference is to the section dealing with with CRAs ignoring a procedural request.

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

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