IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

THERESA J. BARRETT, )

)

Plaintiff, )

)

vs. )

)

)

DEPARTMENT STORES NATIONAL )

BANK; MACY’S CREDIT OPERATIONS )

INC.; and TRANSUNION, LLC, )

)

Defendants. )

COMPLAINT

INTRODUCTION

1. Plaintiff brings this action to secure redress for the unlawful

misappropriation of her identity, name and credit, and the inappropriate and reckless failure to

rectify the misappropriation. Plaintiff alleges violation of the Fair Credit Reporting Act, 15

U.S.C. §1681 et seq. (“FCRA”) and the Truth in Lending Act, 15 U.S.C. §1601 et seq. (“TILA”).

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction under 28 U.S.C. §§1331

(general federal question), 1337 (interstate commerce) and 1367 (supplemental jurisdiction) and

15 U.S.C. §§1640 (TILA) and 1681p (FCRA) .

3. Venue in this District is proper because each defendant is subject to

jurisdiction here.

PARTIES

4. Plaintiff is an individual who resides in Cook County, Illinois. 

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5. Defendant Department Stores National Bank (“DSNB”) is a corporation 

with its principal office located at 701 East 60th Street, Sioux Falls, SD 57104. It is engaged in

the business of issuing credit cards. It does business in Illinois. It provides credit to customers

of Macy’s and other retailers.

6. Defendant Macy’s Credit Operations, Inc. (“MCO”) services and 

administers DSNB accounts originated through Macy’s. It is an agent of DSNB. It has its

principle office located at 7 W. Seventh St., Cincinatti, OH, 45202.

7. Defendant TransUnion, LLC is a credit reporting agency with its principle

headquarters located at 555 West Adams Street, Chicago, IL.

FACTS

8. Plaintiff was a victim of the identity theft ring that stole information from 

the files located at the Northwestern Physician’s Group.

9. On or around October 25, 2009, defendant DSNB extended credit

(account

number 4382...) to an individual (“imposter”) posing as plaintiff. The identity of the imposter is

not known to plaintiff.

10. The account was obtained without the knowledge of or any benefit to 

plaintiff.

11. The account was used to purchase over $1,400 worth of merchandise 

from Macy’s without the knowledge of or any benefit to plaintiff. The merchandise was paid for

by the extension of credit by DSNB to the impostor. See Exhibit A

12. The imposter has not paid the account, resulting in harm to the plaintiff.

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Damages

13. The above account has appeared on the credit reports of plaintiff and

has been treated as an obligation of plaintiff by DSNB and MCO.

14. As a result, plaintiff’s credit has been injured.

15. Plaintiff has suffered loss of time and aggravation as a result of

defendants’ conduct. 

Disputes Through Credit Bureaus

16. During October 2009, having learned of the fraudulent activity

described above, plaintiff filed a police report with the Chicago Police Department. See Exhibit

B.

17. During this same time, plaintiff contacted the three credit bureaus and 

notified them that she had been a victim of identity theft.

18. Plaintiff also filled out fraud affidavits and sent them to nearly 20 stores at

which fraudulent accounts had been opened. Defendant DSNB, through MCO, was among the

stores to which plaintiff sent a fraud affidavit. 

19. As of November 2011, all of the fraudulent accounts had been removed 

from plaintiff’s credit report except the DSNB account.

20. On November 8, 2011, plaintiff, through counsel, sent a dispute letter to 

Experian demanding that any reference to the fraudulent DSNB account be removed. See Exhibit

C.

21. On January 23, 2012, plaintiff, through counsel, sent a second dispute 

letter, this time to Experian, Equifax and TransUnion demanding that the fraudulent DSNB

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account be removed. See Exhibit D.

22. On February 2, 2012, Experian responded indicating that the matter had 

already been investigated and resolved. See Exhibit E.

23. Plaintiff’s Experian and Equifax credit reports have been corrected so that 

they no longer contain any reference to the disputed MCO/DSNB account.

24. On February 20, 2012, TransUnion responded by marking the account as 

current and paid in full, but did not remove the account from plaintiff’s credit report. See

Exhibit F.

25. The three credit bureaus contacted the issuer of the disputed credit card 

account, DSNB and MCO. 

26. DSNB and MCO verified the disputed account to TransUnion, which

continued to report the disputed account.

COUNT I – FCRA

27. Plaintiff incorporates paragraphs 1-26.

28. This claim is against DSNB and MCO.

29. Defendants violated the Fair Credit Reporting Act, 15 U.S.C. §1681s-2(b),

by maliciously and falsely responding to the credit bureaus, when they inquired regarding

plaintiff’s disputes, that the account belonged to plaintiff, when plaintiff submitted clear

evidence that the account resulted from identity theft.

30. Section 1681s-2(b) provides:

(b) Duties of furnishers of information upon notice of dispute. 

 (1) In general. After receiving notice pursuant to section 611(a)(2) [15

USC §1681i(a)(2)] of a dispute with regard to the completeness or

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accuracy of any information provided by a person to a consumer

reporting agency, the person shall 

(A) conduct an investigation with respect to the disputed

information; 

(B) review all relevant information provided by the consumer

reporting agency pursuant to section 611(a)(2) [15 USC

§1681i(a)(2)];

(C) report the results of the investigation to the consumer

reporting agency; and 

(D) if the investigation finds that the information is incomplete

or inaccurate, report those results to all other consumer

reporting agencies to which the person furnished the

information and that compile and maintain files on consumers

on a nationwide basis. 

 

 (2) Deadline. A person shall complete all investigations, reviews, and

reports required under paragraph (1) regarding information

provided by the person to a consumer reporting agency, before the

expiration of the period under section 611(a)(1) [15 USC §1681i(a)(1)]

within which the consumer reporting agency is required to complete

actions required by that section regarding that information. 

31. Defendants committed such violations willfully or negligently, thereby 

violating 15 U.S.C. §1681n and/or §1681o.

WHEREFORE, plaintiff requests that the Court enter judgment in her favor and

against defendants for:

(1) Appropriate actual, punitive and statutory damages;

(2) Attorney’s fees, litigation expenses and costs of suit;

(3) Such other or further relief as the Court deems proper.

COUNT II – TRUTH IN LENDING ACT

32. Plaintiff incorporates paragraphs 1-26.

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33. This claim is against defendant DSNB. 

34. DSNB issues credit to more than 26 individuals per year. It is accordingly

“creditors” subject to TILA.

35. 15 U.S.C. §1642 provides:

No credit card shall be issued except in response to a request or application

therefor. This prohibition does not apply to the issuance of a credit card in

renewal of, or in substitution for, an accepted credit card.

36. Defendant DSNB issued a credit card to plaintiff without a request or 

application for such card by plaintiff and by issuing a credit card to an imposter and by reporting

it to the credit bureaus as if it were plaintiff’s account.

WHEREFORE, plaintiff requests that the Court enter judgment in her favor and

against defendant for:

(1) Appropriate actual and statutory damages;

(2) Attorney’s fees, litigation expenses and costs of suit;

(3) Such other or further relief as the Court deems proper.

COUNT III – FCRA CLAIM AGAINST TRANSUNION

37. Plaintiff incorporates ¶¶1-26. 

38. This claim is against TransUnion.

 39. Under the Fair Credit Reporting Act, 15 U.S.C. §1681c-2, TransUnion is

required to block information relating to identity theft within 4 days of the consumer providing

it with a copy of an identity theft report.

40. TransUnion willfully or negligently failed to block the reporting of

information relating to the DSNB account in question within four days of receiving a financial

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identity theft police report and proof of plaintiff’s identity, and instead continued to include the

information in her file based on DSNB’s verification of the account.

41. TransUnion violated 15 U.S.C. §1681n and/or §1681o.

WHEREFORE, plaintiff requests that the Court enter judgment in her favor and

against TransUnion for:

(1) Appropriate actual, punitive and statutory damages;

(2) Attorney’s fees, litigation expenses and costs of suit;

(3) Such other or further relief as the Court deems proper.

s/Daniel A. Edelman 

Daniel A. Edelman

Daniel A. Edelman

Cathleen M. Combs

James O. Latturner

Tara L. Goodwin

Rupali R. Shah

EDELMAN, COMBS, LATTURNER & GOODWIN, LLC

120 S. LaSalle Street, 18th Floor

Chicago, Illinois 60603

(312) 739-4200

(312) 419-0379 (FAX)

JURY DEMAND

Plaintiff demands trial by jury.

s/Daniel A. Edelman 

Daniel A. Edelman

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NOTICE OF LIEN AND ASSIGNMENT

Please be advised that we claim a lien upon any recovery herein for 1/3 or such

amount as a court awards. All rights relating to attorney’s fees have been assigned to counsel.

s/Daniel A. Edelman 

Daniel A. Edelman

Daniel A. Edelman

EDELMAN, COMBS, LATTURNER

& GOODWIN, LLC

120 S. LaSalle Street, 18th Floor

Chicago, Illinois 60603

(312) 739-4200

(312) 419-0379 (FAX)

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