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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`FT. LAUDERDALE DIVISION
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`LAETITIA GIRAUD-GEORGES,
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`Plaintiff,
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`v.
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`COMCAST BUSINESS COMMUNICATIONS, LLC,
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`Defendant.
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`0:19-cv-62632
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`COMPLAINT
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`NOW COMES the Plaintiff, LAETITIA GERAUD-GEORGES, by and through her
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`attorneys, SMITHMARCO, P.C., and for her complaint against the Defendant, COMCAST
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`BUSINESS COMMUNICATIONS, LLC, Plaintiff states as follows:
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`I.
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`PRELIMINARY STATEMENT
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`1.
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`This is an action for actual and statutory damages for violations of the Fair Credit
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`Reporting Act (hereinafter “FCRA”), 15 U.S.C. §1681, et. seq.
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`II.
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`JURISDICTION & VENUE
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`2.
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`Jurisdiction arises under the Fair Credit Reporting Act 15 U.S.C. §1681, et. seq.,
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`and pursuant to 28 U.S.C. §1331 and 28 U.S.C. §1337.
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`3.
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`Venue is proper in this district pursuant to 28 U.S.C. §1391(b).
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`III.
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`PARTIES
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`4.
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`LAETITIA GERAUD-GEORGES, (hereinafter, “Plaintiff”) is an individual who
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`was at all relevant times residing in the City of Ft. Lauderdale, County of Broward, State of
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`Florida.
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`Page 1 of 5
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`Case 0:19-cv-62632-RKA Document 1 Entered on FLSD Docket 10/22/2019 Page 2 of 5
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`5.
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`At all relevant times, Plaintiff was a “consumer” as that term is defined by 15
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`U.S.C. §1681a(c).
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`6.
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` COMCAST
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`BUSINESS
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`COMMUNICATIONS,
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`LLC,
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`(hereinafter,
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`“Defendant”) is a business entity engaged in the sales of telecommunication services within the
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`State of Florida. Defendant’s principal place of business is located in the State of Pennsylvania.
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`Defendant is incorporated in the State of Florida.
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`7.
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`At all relevant times Defendant was a “person” as that term is defined by 15
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`U.S.C. §1681a(b).
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`IV. ALLEGATIONS
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`8.
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`Credit reports, as alleged in this pleading, are “consumer reports” as that term is
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`defined by 15 U.S.C. §1681a(d).
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`9.
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`At no time on or prior to August 28, 2019 did Plaintiff have a personal credit
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`account with Defendant.
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`10.
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`11.
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`At no time on or prior to August 28, 2019 did Plaintiff owe a debt to Defendant.
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`At no time on or prior to August 28, 2019 did Plaintiff have a personal business
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`relationship with Defendant.
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`12.
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`Given the facts delineated above, prior to August 28, 2019, Defendant had no
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`information in its possession to suggest that Plaintiff owed a debt to Defendant.
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`13.
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`Given the facts delineated above, prior to August 28, 2019, had no information in
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`its possession to suggest that Plaintiff was responsible to pay a debt to Defendant.
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`14.
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`On or about August 28, 2019, despite being cognizant of the facts as delineated
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`above, Defendant accessed Plaintiff’s individual and personal credit file from the “consumer
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`reporting agency” (Equifax), as that term is defined by 15 U.S.C. §1681a(f).
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`Page 2 of 5
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`Case 0:19-cv-62632-RKA Document 1 Entered on FLSD Docket 10/22/2019 Page 3 of 5
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`15.
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`At no time on or prior to August 28, 2019 did Plaintiff consent to Defendant
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`accessing her individual and personal credit report.
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`16.
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`On or about August 28, 2019, despite being cognizant of the facts as delineated
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`above, Defendant accessed Plaintiff’s individual and personal credit report without a legitimate
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`business reason to do so.
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`17.
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`On or about August 28, 2019, despite being cognizant of the facts as delineated
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`above, Defendant accessed Plaintiff’s individual and personal credit report impermissibly.
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`18.
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`On or about August 28, 2019, despite being cognizant of the facts as delineated
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`above, Defendant accessed Plaintiff’s individual and personal credit report without first
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`informing Plaintiff of its intent to do so.
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`19.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, Defendant reviewed Plaintiff’s private information.
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`20.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, Defendant impermissibly obtained information relative to
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`Plaintiff’s personal and individual credit accounts.
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`21.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, Defendant impermissibly obtained information relative to
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`Plaintiff’s payment history on her individual credit accounts.
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`22.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, Defendant impermissibly obtained information relative to
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`Plaintiff’s credit history and credit worthiness.
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`Page 3 of 5
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`Case 0:19-cv-62632-RKA Document 1 Entered on FLSD Docket 10/22/2019 Page 4 of 5
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`23.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, Plaintiff’s private financial information was published to
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`Defendant.
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`24.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, unknown employees, representative and/or agents of
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`Defendant viewed Plaintiff’s private financial information.
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`25.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, Defendant impermissibly obtained personal information
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`about Plaintiff.
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`26.
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`On or about August 28, 2019, at the time Defendant accessed Plaintiff’s
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`individual and personal credit report, Plaintiff’s personal information, as delineated above, was
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`published to Defendant.
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`27.
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`Defendant’s access of Plaintiff’s credit report will continue to be displayed on
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`Plaintiff’s credit report for two (2) years subsequent to August 28, 2019.
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`28.
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`Defendant’s conduct, as delineated above, is a violation of 15 U.S.C.
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`§1681b(f)(1).
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`29.
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`As a result of Defendant’s conduct, as delineated above, Plaintiff has suffered
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`actual damages in the form of financial and dignitary harm arising from the Defendant’s review
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`of her personal information and her credit information and an injury to her credit rating and
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`reputation. Furthermore, Plaintiff will continue to suffer the same harm for an indefinite time in
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`the future, all to Plaintiff’s great detriment and loss.
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`V.
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`JURY DEMAND
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`30. Plaintiff hereby demands a trial by jury on all issues so triable.
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`Page 4 of 5
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`Case 0:19-cv-62632-RKA Document 1 Entered on FLSD Docket 10/22/2019 Page 5 of 5
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`VI.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff, LAETITIA GERAUD-GEORGES, by and through her
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`attorneys, respectfully prays for Judgment to be entered in favor of Plaintiff and against
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`Defendant as follows:
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`a.
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`b.
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`c.
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`d.
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`e.
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`All actual compensatory damages suffered;
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`Statutory damages of $1,000.00 for Defendant’s violation of the FCRA.
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`Punitive damages;
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`Plaintiff’s attorneys’ fees and costs; and,
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`Any other relief deemed appropriate by this Honorable Court.
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`Respectfully submitted,
`LAETITIA GERAUD-GEORGES
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`s/ David M. Marco
`Attorney for Plaintiff
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`Dated: October 22, 2019
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`David M. Marco
`IL Bar No. 6273315/FL Bar No. 125266
`SMITHMARCO, P.C.
`55 W. Monroe Street, Suite 1200
`Chicago, IL 60603
`Telephone: (312) 546-6539
`Facsimile:
`(888) 418-1277
`E-Mail:
`dmarco@smithmarco.com
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`By:
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`Page 5 of 5
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