Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 1 of 14 Page ID #:1
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`WESTERMAN LAW CORP.
`Jeff Westerman (CA Bar No. 94559)
`1875 Century Park East, Suite 2200
`Los Angeles, CA 90067
`Telephone: (310) 698-7450
`jwesterman@jswlegal.com
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`MORGAN & MORGAN
`COMPLEX LITIGATION GROUP
`John A. Yanchunis*
`Jonathan B. Cohen*
`201 N. Franklin Street, 7th Floor
`Tampa, Florida 33602
`Telephone: 813/223-5505
`Facsimile: (813) 223-5402
`jyanchunis@forthepeople.com
`jcohen@forthepeople.com
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` pending pro hac vice admission
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`Attorneys for Plaintiff and the putative class
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`TONI NASH, on behalf of herself and all
`others similarly situated,
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`CASE NO.:
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`CLASS ACTION
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`Plaintiff,
`COMPLAINT FOR DAMAGES,
`EQUITABLE, DECLARATORY AND
`INJUNCTIVE RELIEF
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`DEMAND FOR JURY TRIAL
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`Defendant.
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`v.
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`DIRECTV, LLC.
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`__________
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 2 of 14 Page ID #:2
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`Plaintiff, by her attorneys, brings this class action against Defendant DirecTV (“DirecTV” or
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`“Defendant”), on her own behalf and on behalf of all others similarly situated, and alleges as follows
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`based upon information and belief and the investigation of her counsel.
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`INTRODUCTION
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`1.
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`This is a putative class action brought by Plaintiff on behalf of herself and a class of
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`similarly situated consumers against Defendant for violations of the Fair Credit Reporting Act, 15
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`U.S.C. § 1681, et seq (“FCRA”).
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`2.
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`As society becomes increasingly dependent on the use of credit, a consumer’s credit
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`history becomes critical in determining whether a consumer will be offered credit, how much and on
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`what terms.
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`3.
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`A credit history is the record of a borrower’s assumption and repayment of debt. This
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`history is memorialized in a credit report reflecting the outstanding debt a consumer has acquired, and
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`his/her repayment history of that debt over a period of several years. It is derived from various creditors
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`a borrower has interacted with, which typically include lenders, such as banks and credit card
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`companies, along with various vendors and people who extend credit for services (hereinafter
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`collectively, “person” or “persons”).1 A consumer's credit history includes: the number and types of
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`credit accounts, how long each account has been open, amounts owed, amount of available credit used,
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`whether bills are paid on time and the number of recent credit inquiries.
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`4.
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`The amalgam of information derived from this history is subjected to a mathematical
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`algorithm that generates a credit score which is affected by most anything that reflects on the
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`consumer’s acquisition or payment of debt, including the factors listed above.
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`5.
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`Unsurprisingly, a consumer’s credit score is the most critical factor in obtaining
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`additional credit. Generally, the higher a credit score, the more credit on favorable terms will be
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`available to the consumer. Conversely, the lower a credit score, the fewer opportunities a consumer
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`1 The fair Credit Reporting Act, 15 U.S.C. § 1681a(b), defines person as “any individual, partnership,
`corporation, trust, estate, cooperative, association, government or governmental subdivision or
`agency, or other entity.”
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`1
`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 3 of 14 Page ID #:3
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`will have to obtain credit, and the credit that is obtained will usually be on less favorable terms.
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`Maintaining the highest credit score possible, therefore, is in every consumer’s best interest.
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`6.
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`In order to obtain credit, a consumer will have to provide a person offering the credit
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`permission to “inquire or pull” that consumer’s credit report in order to determine if they want to
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`extend credit to the consumer, and if so, on what terms. Regardless of whether credit is ultimately
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`extended, the fact that a credit inquiry was made will appear on the consumer’s credit report. Such an
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`inquiry typically results in a five-point deduction of a consumer’s credit score. As such, consumers
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`must be cautious with respect to the number of times they seek new credit.
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`7.
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`The Fair Credit Reporting Act was promulgated to ensure fair and accurate reporting
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`of credit, promote efficiency in banking, and protect consumers' privacy. Given the effect a credit
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`inquiry can have on a consumer’s credit score, the FCRA narrowly delineates the circumstances under
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`which a third party may obtain a consumer’s credit. Unless a consumer has initiated a credit
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`transaction with a person, or a person has an otherwise statutorily permissible purpose, they are not
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`allowed to pull a consumer’s credit report. Doing so violates the FCRA.
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`8.
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`In or around June 2018, Plaintiff Nash had the occasion to review her credit report at
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`which time she noticed that DirecTV had pulled her credit on or about August 29, 2017. Ms. Nash
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`did not initiate a transaction with DirecTV, nor gave them permission to pull her credit. Indeed, Ms.
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`Nash does not now, nor has she ever had a relationship with DirecTV or otherwise sought credit from
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`it.
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`9.
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`Ms. Nash subsequently called DirecTV to inquire about its justification for pulling her
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`credit report. Although DirecTV did not answer Ms. Nash’s call, on October 8, 2018, she received a
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`letter from DirecTV implicitly acknowledging that it did not have a permissible purpose for pulling
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`her credit report and, as a consequence, DirecTV indicated that it requested that the credit bureaus
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`remove its inquiry from her credit report. To date it has not been removed and her credit score has not
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`been restored. As a result, she has suffered injury to her ability to obtain credit. In addition, DirecTV
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`has not promised to delete the information, or refrain from using it in any way. Nor has DirecTV
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`disclosed why it obtained the information, who it was disclosed to, how it was and is being used, and
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`how it monetized the information (meaning how it sold or obtained economic benefit from Plaintiff’s
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 4 of 14 Page ID #:4
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`information. Upon information and belief, Plaintiff also suffered economic damage from DirecTV’s
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`taking unauthorized possession of her information and obtaining economic benefit from the
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`unauthorized taking and use of her property, which belongs to her.
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`10.
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`Upon information and belief, DirecTV routinely and willfully makes such credit
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`inquiries on consumers without any permissible purpose or authorization in violation of the FCRA;
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`takes unauthorized possession of the consumers’ information and uses it for economic benefit without
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`payment or reimbursement to the consumers.
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`11.
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`Plaintiff, on behalf of herself and the putative class, seeks actual damages, statutory
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`damages, punitive damages, attorney’s fees, costs and expenses for Defendant’s violations of the Fair
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`Credit Reporting Act, 15 U.S.C. § 1681, et seq.
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`12.
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`Plaintiff Toni Nash is a resident of Beaumont Texas. Ms. Nash does not now, nor has
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`PARTIES
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`she ever had a business relationship with DirecTV. She has never requested, received, nor engaged
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`Defendant for its services. On or about August 29, 2017, DirecTV pulled Ms. Nash’s credit report
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`without her permission and without a permissible purpose under the FCRA. The credit inquiry was
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`subsequently reflected on her credit report.
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`13.
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`Defendant DirecTV, LLC is a leading provider of digital television entertainment
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`services headquartered at 2230 E. Imperial Hwy, El Segundo, CA 90245.
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`JURISDICTION AND VENUE
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`14.
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`Jurisdiction of this Court is proper under 28 U.S.C. § 1331. District courts shall have
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`original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United
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`States. A federal question exists under the Fair Credit Reporting Act, which also confers jurisdiction
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`pursuant to 15 U.S.C. § 1681p.
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`15.
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`Plaintiff is a natural person and resident of Jefferson County, Texas and is a “consumer”
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`as defined by 15 U.S.C. § 1681a(c).
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`17.
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`Defendant is a “person(s)” as defined by 15 U.S.C. § 1681a(b).
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`Venue is proper within this judicial district pursuant to 28 U.S.C. § 1391 because
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`DirecTV is headquartered in this jurisdiction and a substantial portion of the underlying transactions
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 5 of 14 Page ID #:5
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`and events complained of herein occurred and affected persons and entities that are located in this
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`judicial district.
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`A. The Fair Credit Reporting Act
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`BACKGROUND
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`18. The Fair Credit Reporting Act was passed by Congress in 1970 to ensure fair and
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`accurate reporting of credit, promote efficiency in banking, and protect consumers' privacy.
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`19. The FCRA prohibits any person from obtaining a consumer’s Credit Report2 unless the
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`person has a permissible purpose for procuring the report. Specifically, § 1681b(f) of the FCRA states:
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`A person shall not use or obtain a consumer report for any purposes unless (1)
`the consumer report is obtained for a purpose for which the consumer report is
`authorized to be furnished under this section; and (2) the purpose is certified in
`accordance with section 1681e of this title by a prospective user of the report through
`a general or specific certification.
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` The FCRA also prohibits users from obtaining “information on a consumer from a
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`consumer reporting agency under false pretenses.” 15 U.S.C § 1681q.
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`21. The FCRA enumerates a small range of permissible purposes for which Credit Reports
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`may be furnished and distinguishes between requests initiated by the consumer (or where the consumer
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`has otherwise provided his/her permission), from those where the consumer has not. A typical
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`example in which a Credit Report may be furnished is where a consumer initiates a transaction seeking
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`credit (e.g., a loan or credit card). 15 U.S.C. § 1681b(a)(“[A]ny consumer reporting agency may
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`furnish a consumer report… (3) To a person which it has reason to believe— (A) intends to use the
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`information in connection with a credit transaction involving the consumer on whom the information
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`2 Consumer Report (a/k/a Credit Report ) is defined under 15 U.S. Code § 1681a(d)(“the term
`“consumer report” means any written, oral, or other communication of any information by a consumer
`reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character,
`general reputation, personal characteristics, or mode of living which is used or expected to be used or
`collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s
`eligibility for— (A)credit or insurance to be used primarily for personal, family, or household
`purposes; (B)employment purposes; or (C)any other purpose authorized under section 1681b of this
`title.”).
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 6 of 14 Page ID #:6
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`is to be furnished and involving the extension of credit to, or review or collection of an account of, the
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`consumer”).
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`22.
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`In contrast, where a consumer did not initiate the transaction, a person seeking a
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`consumer’s Credit Report with a permissible purpose, (e.g., the transaction consists of a firm offer of
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`credit) is entitled to obtain only the following limited information: (a) the name and address of a
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`consumer; (b) an identifier that is not unique to the consumer and that is used by the person solely for
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`the purpose of verifying the identity of the consumer; and (c) other information pertaining to a
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`consumer that does not identify the relationship of experience of the consumer with respect to a
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`particular creditor or other entity. 15 U.S.C. §§ 1681b(c)(1)(B)(i) and 1681b(c)(2).
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`A.
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`The Impact of Credit Inquiries on Consumer Credit Scores
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`23. Hard credit inquiries, such as Defendant’s inquiry into Plaintiff’s credit at issue here,
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`are visible to any third party who obtains a consumer Credit Report. It can be used to assess a
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`consumer’s credit worthiness and be a determining factor in the decision to extend credit and the terms
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`on which such credit is offered. Notably, each hard inquiry can result in a credit score reduction of up
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`to five points. See e.g. Harkins v. Diversified Collection Servs., Inc., No. CIV. PJM 12-1229, 2012
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`WL 5928997, at *1, n. 1 (D. Md. Nov. 26, 2012).
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`24. Soft inquiries, such as those made by the consumer checking his or her own credit, a
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`business with which the consumer already has a relationship, and by lenders intending to make firm
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`offers of credit (e.g., unsolicited credit offers) are not visible to anyone other than the consumer, and
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`do not affect the consumer's credit score.
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`25. Hard inquiries from entities where the consumer neither initiated the transaction, nor
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`provided consent, are both prohibited under the FCRA and deleterious to a consumer’s credit score.
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`15 U.S.C. § 1681b(c)(3) (“a consumer reporting agency shall not furnish to any person a record of
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`inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.”).
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`B.
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`Defendant’s Hard Inquiries into Plaintiff and Proposed Class Members'
`Credit Reports
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`26. DirecTV made hard inquiries into Plaintiff and Class Members' credit. The inquiries
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`were not initiated nor authorized by Plaintiff or Class Members.
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 7 of 14 Page ID #:7
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`27. Defendant made these inquiries without a permissible statutory purpose, and without
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`any prior interaction with Plaintiff or Class Members.
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`28. Plaintiff and Class Members were unaware of the hard inquiries until viewing their own
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`Credit Reports.
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`29. Prior to her investigation of DirecTV’s impermissible hard inquiry, Plaintiff had no
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`relationship or interactions with DirecTV. She did not initiate a credit transaction with DirecTV, nor
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`did she provide DirecTV authorization to pull her credit.
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`30.
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`In or around June 2018, Plaintiff reviewed her Credit Report and discovered that
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`DirecTV had pulled her credit on or about August 29, 2017. Plaintiff had not initiated a transaction
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`with DirecTV, nor gave them permission to pull her credit. Indeed, Plaintiff does not now, nor has
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`she ever had a relationship or otherwise sought credit from DirecTV.
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`31. Plaintiff subsequently called DirecTV to inquire about its justification for pulling her
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`credit. On October 8, 2018, Plaintiff received a letter from DirecTV implicitly acknowledging that it
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`did not have a permissible purpose for pulling her credit, and that it has subsequently asked the credit
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`bureaus to permanently remove the hard inquiry from her credit report.3
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`32.
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` DirecTV pulled Plaintiff’s credit not only without her permission, but without having
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`any business relationship with her whatsoever – a fact which demonstrates that its conduct was both
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`knowing and willful.4
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`33. By making hard inquiries into the credit histories of Plaintiff and Class Members
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`without permission and permissible purpose, Defendant has violated the FCRA.
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`3 Attached hereto as Exhibit A.
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`4 Any person who willfully fails to comply with any requirement imposed under this subchapter with
`respect to any consumer is liable to that consumer in an amount equal to the sum of—(1)(A)any actual
`damages sustained by the consumer as a result of the failure or damages of not less than $100 and not
`more than $1,000; or (B) in the case of liability of a natural person for obtaining a consumer report
`under false pretenses or knowingly without a permissible purpose, actual damages sustained by the
`consumer as a result of the failure or $1,000, whichever is greater. 15 U.S.C. §1681n.
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 8 of 14 Page ID #:8
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`CLASS ACTION ALLEGATIONS
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`34.
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`Plaintiff seeks relief on behalf of herself and as a representative of all others who are
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`similarly situated. Pursuant to Fed. R. Civ. P. Rule 23(a), (b)(2), (b)(3) and (c)(4), Plaintiff seeks
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`certification of a Nationwide Class defined as follows:
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`All persons who were subject to a credit inquiry by DirecTV, who did not initiate a credit
`transaction with them, or otherwise give permission to DirecTV to pull their credit
`between October 17, 2015 and the present.
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`35.
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`Excluded from the Class are the officers, directors, and legal representatives of
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`Defendant, and the judges to whom this case is assigned and their respective court personnel, and any
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`members of their immediate families.
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`36.
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`The proposed Class meets the criteria for certification under Rule 23(a), (b)(2), (b)(3)
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`and (c)(4).
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`37.
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`Numerosity. Fed. R. Civ. P. 23(a)(1). Upon information and belief, there are
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`thousands of Class Members, who are geographically dispersed throughout the United States.
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`Therefore, individual joinder of all Class Members would be impracticable.
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`38.
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`Commonality. Fed. R. Civ. P. 23(a)(2) and (b)(3). Consistent with Rule 23(a)(2) and
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`with 23(b)(3)’s predominance requirement, this action involves common questions of law and fact
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`that predominate over any questions affecting individual Class Members. The common questions
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`include:
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`a. Whether Defendant acquired Plaintiff and Class Members’ Credit
`Reports without permission in violation of the FCRA;
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`b. Whether Defendant acquired Plaintiff and Class Members’ Credit
`Reports without permissible purpose in violation of the FCRA;
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`c. Whether Defendant acted willfully in making hard credit inquiries into
`Plaintiff and Class Members’ credit; and
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`d. The appropriate measure of damages and scope of injunctive relief.
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`39.
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`Typicality. Fed. R. Civ. P. 23(a)(3). Consistent with Rule 23(a)(3), Plaintiff’s claims
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`are typical of those of other Class Members in that Plaintiff was subjected to a hard credit pull by
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`DirecTV with whom she had conducted no business and to whom she did not authorize a credit pull.
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`Moreover, Plaintiff and Class Members suffered the same injuries and seek the same relief.
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 9 of 14 Page ID #:9
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`40.
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`Adequacy. Fed. R. Civ. P. 23(a)(4). Consistent with Rule 23(a)(4), Plaintiff is an
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`adequate representative of the Class because her interests do not conflict with the interests of the Class
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`Members she seeks to represent, and she has retained counsel competent and experienced in
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`conducting complex class action litigation. Plaintiff and her counsel will adequately protect the
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`interests of the Class.
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`41.
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`Superiority. Fed. R. Civ. P. 23(b)(3). Consistent with Rule 23(b)(3), a class action is
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`superior to other available means for the fair and efficient adjudication of this dispute. The damages
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`suffered by each individual Class Member are relatively small compared to the burden and expense of
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`individual prosecution of Defendants’ conduct. Thus, it would be virtually impossible for Members
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`of the Class individually to effectively redress the wrongs done to them. Moreover, even if Class
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`Members could afford individual actions, it would still not be preferable to class -wide litigation.
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`Individualized actions present the potential for inconsistent or contradictory judgments. By contrast,
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`a class action presents far fewer management difficulties and provides the benefits of single
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`adjudication, economies of scale, and comprehensive supervision by a single court.
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`42.
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`Injunctive and Declaratory Relief. Class certification is also appropriate under Rule
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`23(b)(2) and (c). Defendant, through its uniform conduct, acted or refused to act on grounds generally
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`applicable to the Class as a whole, making injunctive and declaratory relief appropriate to the Class
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`as a whole.
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`43.
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`Likewise, particular issues under Rule 23(c)(4) are appropriate for certification because
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`such claims present only particular, common issues, the resolution of which would advance the
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`disposition of this matter and the parties’ interests therein. Such particular issues include, but are not
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`limited to:
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`a. Whether Defendant acquired Plaintiff and Class Members’ Credit
`Reports without permission in violation of the FCRA;
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`b. Whether Defendant acquired Plaintiff and Class Members’ Credit
`Reports without permissible purpose in violation of the FCRA; and
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`c. Whether Defendant acted willfully in making hard credit inquiries into
`Plaintiff and Class Members’ credit.
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 10 of 14 Page ID #:10
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`44.
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`Finally, the Class is ascertainable in that Defendant has electronic records pertaining to
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`credit inquiries made on Class Members.
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`FIRST CAUSE OF ACTION
`Violation of the Fair Credit Reporting Act
`15 U.S.C. §1681q
`(Obtaining Consumer Information Under False Pretenses)
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`45.
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`Plaintiff re-alleges and incorporates paragraphs 1 through 44 above as if fully set forth
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`herein.
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`46.
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`Plaintiff and Class Members are “consumers” as defined by the FCRA. 15 U.S.C
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`§ 1681a(c).
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`47.
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`48.
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`Defendant is a “person” as defined by the FCRA. 15 U.S.C § 1681a(b).
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`Defendant had no business relationship with Plaintiff and Class Members, and
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`therefore had no valid reason to perform credit inquiries on Plaintiff and Class Members.
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`49.
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`Plaintiff and Class Members did not initiate a credit transaction with Defendant, nor
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`did they provide authorization to Defendant for their credit to be pulled.
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`50.
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`Defendant violated the FCRA by knowingly and willfully procuring credit information
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`on Plaintiff and Class Members under false pretenses. 15 U.S.C. § 1681q.
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`51.
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`Defendant’s actions were willful as it was acutely aware of its obligations under the
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`FCRA. Defendant knew that it was not authorized to request Plaintiff and Class Members’ Credit
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`Reports and acted in disregard of its obligations and the rights of Plaintiff and Class Members under
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`15 U.S.C. § 1681b.
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`52.
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`Defendant’s illegal credit inquiries lowered Plaintiff and Class Members’ credit scores,
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`negatively impacting their ability to secure new credit on more favorable terms.
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`SECOND CAUSE OF ACTION
`Violation of the Fair Credit Reporting Act
`15 U.S.C. §1681b(f)
`(Obtaining Consumer Reports Without A Permissible Purpose)
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`53.
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`Plaintiff re-alleges and incorporates paragraphs 1 through 44 above as if fully set forth
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`herein.
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 11 of 14 Page ID #:11
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`54.
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`Plaintiff and Class Members are “consumers” as defined by the FCRA. 15 U.S.C
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`§ 1681a(c).
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`55.
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`56.
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`Defendant is a “person” as defined by the FCRA. 15 U.S.C § 1681a(b).
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`Defendant had no business relationship with Plaintiff and Class Members, and
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`therefore had no permissible purpose to perform credit inquiries on Plaintiff and Class Members.
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`57.
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`Plaintiff and Class Members did not initiate a credit transaction with Defendant, nor
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`did they provide authorization to Defendant for their credit to be pulled.
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`58.
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`Defendant lacked a permissible purpose to obtain full credit reports on Plaintiff and
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`Class Members.
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`Defendant violated the FCRA by willfully procuring the Credit Reports of Plaintiff and
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`Class Members without a permissible purpose. 15 U.S.C. § 1681b(f).
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`60.
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`Defendant was acutely aware of its obligations under the FCRA and knew that it did
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`not have a permissible purpose to pull the Credit Reports of Plaintiff and Class Members under 15
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`U.S.C. § 1681b.
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`61.
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`Defendant’s conduct, action and inaction was willful, rendering it liable for punitive
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`damages in an amount to be determined by the Court pursuant to 15 USC § 1681n. In the alternative,
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`it was negligent, entitling Plaintiff and Class Members to recover under 15 USC 1681o.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff, on behalf of herself and Class Members, requests an award and relief
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`as follows:
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`A.
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`An order certifying that this action is properly brought and may be mai ntained as a
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`class action, that Plaintiff be appointed Class Representative, and Plaintiff’s counsel be appointed
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`Class Counsel.
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`B.
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`Statutory damages of not less than $100 and not more than $1,000 for each and every
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`violation of the FCRA. 15 U.S.C. §1681n(a)(1)(A).
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`Punitive damages. 15 U.S.C. §1681n(a)(2).
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`C.
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`D. Costs of suit and attorneys' fees. 15 U.S.C. § 1681n(a)(3).
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 12 of 14 Page ID #:12
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`E.
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`A declaration and temporary, preliminary and/or permanent Order enjoining Defendant
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`from continuing to violate the FCRA; and/or imposing other injunctive or equitable relief as may be
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`permitted.
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`F.
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`Such other and further relief as may be deemed necessary or appropriate.
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`DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands a trial by jury on all causes of action and/or issues so triable.
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`DATED: October 18, 2019
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`Respectfully submitted,
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`WESTERMAN LAW CORP.
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`/s/ Jeff Westerman
`Jeff Westerman (CA Bar No. 94559)
`1875 Century Park East, Suite 2200
`Los Angeles, CA 90067
`Telephone: (310) 698-7450
`jwesterman@jswlegal.com
`
`
`
`MORGAN & MORGAN
`COMPLEX LITIGATION GROUP
`John A. Yanchunis (FL Bar No. 324681)*
`Jonathan B. Cohen (FL Bar No. 027620)*
`201 N. Franklin St., 7th Floor
`Tampa, FL 33602
`Telephone: (813) 223-5505
`Facsimile: (813) 222-2434
`jyanchunis@forthepeople.com
`jcohen@forthepeople.com
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`* pending pro hac vice admission
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`Attorneys for Plaintiff and the Putative Class
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`COMPLAINT FOR DAMAGES, EQUITABLE, DECLARATORY AND INJUNCTIVE RELIEF
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 13 of 14 Page ID #:13
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`to
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`Case 2:19-cv-09032 Document 1 Filed 10/21/19 Page 14 of 14 Page ID #:14
`oineorv, LLC.
`/°m
`
`“:3 DIRECTV strategies OC 7L
`
`
`October 08, 2018
`
`003914
`
`E—TONINASH
`
`ilII'l—'I'I"|'l'u"Illl"'lllll'll'llII'IIII'llllll"ll'"I"ll
`
`Re: Credit File inquiry Removal
`
`Dear Toni:
`
`This letter is in response to your notice to DIRECTV regarding an alleged unauthorized credit inquiry made on or
`about 08/29/2017.
`
`Please be assured that it is DiRECTV’s policy to request permission before performing a credit check.
`
`Due to the credit inquiry performed and manner in which your information was provided please let this letter
`serve as confirmation that DIRECTV has requested removal oftheInquiry Additionally,In an effort to assist you
`with this matter DIRE-CTV has requasted the appropriate credit bureau(s) remove thisinquiry from your credit file.
`Please allow 4 to 6 weeks for the credit, bureau(s) to reflect changesIn your credit report information.
`
`Please note that DiRECTV does not control the conduct of the credit bureau(s) or removal of information from
`your credit file and that the relevant bureau(s) may require further validation of facts only you can attest to.
`
`Thank. you for allowing us the opportunity to respond to this matter. Please be assured that this issue has been
`addressed and we apologize for any misunderstanding or inconvenience that may have taken place. Please
`note that in the future if you reqUest DIRECTV service, you may be required to further verify your identity. Please
`retain a copy ofthis letter for your records.
`
`Sincerely,
`
`'
`
`.
`
`|
`
`x
`
`Account Verification Department
`DIRECTV, LLC
`
`
`
`CMi LHB
`
`