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TRINETTE G. KENT (State Bar No. 025180) 

11811 North Tatum Blvd., Suite 3031 

Phoenix, AZ 85028 

Telephone: (480) 247-9644 

Facsimile: (480) 717-4781 

E-mail: tkent@lemberglaw.com 

Of Counsel to 

Lemberg Law LLC 

A Connecticut Law Firm 

43 Danbury Road 

Wilton, CT 06897 

Telephone: (203) 653-2250 

Facsimile: (203) 653-3424 

Attorneys for Plaintiff, 

John Anselmo 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

John Anselmo, 

Plaintiff, 

 vs. 

DWW AZ, INC. d/b/a Right Honda, 

Defendant. 

Case No.: 

COMPLAINT 

JURY TRIAL DEMANDED 

Case 2:16-cv-00222-SRB Document 1 Filed 01/27/16 Page 1 of 6
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 For this Complaint, Plaintiff, John Anselmo, by and through his undersigned 

counsel, states as follows: 

JURISDICTION

1. This action arises out of Defendant’s violation of the Fair Credit 

Reporting Act, 15 U.S.C. § 1681, et seq. (the “FCRA”). 

2. Jurisdiction is conferred by 15 U.S.C. § 1681(p) and 28 U.S.C. § 1367. 

3. Venue is proper pursuant to 28 U.S.C. § 1391(b), in that Defendant 

transacts business in this district and a substantial portion of the acts giving rise to this 

action occurred in this district. 

PARTIES

4. Plaintiff, John Anselmo (hereafter “Plaintiff”), is an adult individual 

residing in Scottsdale, Arizona, and is a “consumer” as that term is defined by 15 

U.S.C. § 1681a(c). 

5. Defendant, DWW AZ, INC., d/b/a Right Honda (hereafter “Defendant”), 

is an Arizona corporation with an address of 7875 E Frank Lloyd Wright Boulevard, 

Scottsdale, Arizona 85260, and is engaged in the business of selling motor vehicles. 

Defendant furnishes consumer information to Credit Reporting Agencies (“CRAs”). 

FACTUAL ALLEGATIONS

6. On or about July 4, 2015 Plaintiff’s son, Stephen Anselmo (“Stephen”), 

purchased a vehicle from the Dealership. 

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7. Stephen could not pay the vehicle’s purchase price in full; therefore, 

Defendant agreed to sell the vehicle on credit (“Agreement”). 

8. Upon information and belief, Defendant sought to assign the Agreement 

to a third-party creditor and therefore pulled Stephen’s credit report and submitted his 

credit application to various creditor’s for review. 

9. At or around the same time and for unknown reasons, Defendant pulled 

Plaintiff’s credit report and submitted it to various creditor’s for review. 

10. Upon information and belief, Defendant possessed Plaintiff’s personal 

information and social security number because Plaintiff had been a co-signer on a 

previous unrelated credit agreement between Defendant and Stephen relating to a 

different vehicle. 

11. Plaintiff never consented to Defendant pulling his credit report for any 

purpose. 

12. As such, Defendant did not have a permissible purpose to obtain 

Plaintiff’s credit report. 

13. Because of Defendant’s hard credit report inquiry, Plaintiff’s credit score 

dropped approximately thirty (30) points. 

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COUNT I

VIOLATIONS OF THE FAIR CREDIT REPORTING ACT

15 U.S.C. § 1681, et seq.

14. Plaintiff incorporates by reference all of the above paragraphs of this 

Complaint as though fully stated herein. 

15. 15 U.S.C. § 1681b permits access to consumer reports for several 

specific, enumerated permissible purposes. 

16. Defendant obtained Plaintiffs’ credit reports without a permissible 

purpose, in violation of 15 U.S.C. § 1681b(f). 

17. As a result of Defendant’s violation of § 1681b(f), Plaintiff is entitled to 

damages, costs and attorney’s fees pursuant to 15 U.S.C. § 1681n(a). 

PRAYER FOR RELIEF

 WHEREFORE, Plaintiff prays that judgment be entered against Defendants, 

jointly and severally, as follows: 

1. Statutory damages pursuant to 15 U.S.C. § 1681n(a)(1)(B); 

2. Punitive damages pursuant to 15 U.S.C. § 1681n(a)(2); 

3. Attorney’s fees and costs pursuant to 15 U.S.C. § 1681n(a)(3); and 

4. Such other and further relief as may be just and proper.

TRIAL BY JURY DEMANDED ON ALL COUNTS 

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DATED: January 27, 2016 LEMBERG LAW, LLC 

By: /s/ Trinette G. Kent 

Trinette G. Kent 

Attorney for Plaintiff 

John Anselmo

Case 2:16-cv-00222-SRB Document 1 Filed 01/27/16 Page 5 of 6
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