______________________________________________________________________________________________________

Complaint - 1 of 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

David J. McGlothlin, Esq. (SBN 026059) david@southwestlitigation.com

Hyde & Swigart 2633 E. Indian School Road, Ste. 460 Phoenix, AZ 85016 Telephone: (602) 265-3332 Facsimile: (602) 230-4482 

Ryan L. McBride, Esq. (SBN 032001)

ryan@kazlg.com

Kazerouni Law Group, APC

2633 E. Indian School Road, Ste. 460

Phoenix, AZ 85016

Telephone: (800) 400-6808

Facsimile: (800) 520-5523

Attorneys for the Plaintiff

Giuseppe Cirincione

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

INTRODUCTION

1. The United States Congress has also found the banking system is dependent 

upon fair and accurate credit reporting. Inaccurate credit reports directly 

impair the efficiency of the banking system, and unfair credit reporting 

methods undermine the public confidence, which is essential to the continued 

Giuseppe Cirincione,

 Plaintiffs, 

 v. 

KeyBank, N.A.

 Defendant.

)

)

)

)

)

)

)

)

)

)

)

)

)

Case No.: 

COMPLAINT FOR DAMAGES 

JURY TRIAL DEMANDED

Case 2:15-cv-02073-NVW Document 1 Filed 10/16/15 Page 1 of 7
______________________________________________________________________________________________________

Complaint - 2 of 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

functioning of the banking system. Congress enacted the Fair Credit 

Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), to insure fair and accurate 

reporting, promote efficiency in the banking system, and protect consumer 

privacy. The FCRA seeks that consumer reporting agencies exercise their 

grave responsibilities with fairness, impartiality, and a respect for the 

consumer’s right to privacy because consumer reporting agencies have 

assumed such a vital role in assembling and evaluating consumer credit and 

other information on consumers. The FCRA also imposes duties on the 

sources that provide credit information to credit reporting agencies, called 

“furnishers.” 

2. Giuseppe Cirincione, (“Plaintiff”), through Plaintiff's attorneys, brings this 

action to challenge the actions of KeyBank, N.A. (“Defendant”), with regard 

to Defendant’s unauthorized and unlawful credit inquiry, and this conduct 

caused Plaintiff damages.

3. Plaintiff makes these allegations on information and belief, with the exception 

of those allegations that pertain to a plaintiff, or to a plaintiff's counsel, which 

Plaintiff alleges on personal knowledge.

4. While many violations are described below with specificity, this Complaint 

alleges violations of the statutes cited in their entirety.

5. Unless otherwise stated, Plaintiff alleges that any violations by Defendants 

were knowing and intentional, and that Defendants did not maintain 

procedures reasonably adapted to avoid any such violation.

JURISDICTION AND VENUE

6. Jurisdiction of this Court arises pursuant to 28 U.S.C. § 1331, and 28 U.S.C. § 

1367 for any supplemental state claims.

7. This action arises out of Defendant's violations of the Fair Credit Reporting 

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

Case 2:15-cv-02073-NVW Document 1 Filed 10/16/15 Page 2 of 7
______________________________________________________________________________________________________

Complaint - 3 of 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

8. Because Defendant is registered as a Limited Liability Company with the 

Arizona Secretary of State and does business within the State of Arizona, 

personal jurisdiction is established.

9. Venue is proper pursuant to 28 U.S.C. § 1391 as the events that give rise to 

this action occurred within Phoenix, Arizona.

PARTIES

10. Plaintiff is a natural person who resides in the City of Phoenix, County of 

Maricopa, State of Arizona.

11. Defendant is a bank that does business in the City of Phoenix, County of 

Maricopa, State of Arizona.

12. Plaintiff is a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).

13. Plaintiff is informed and believes, and thereon alleges, that Defendant is a 

“person” as the term is defined by 15 U.S.C. § 1681a(b).

14. Plaintiff is informed and believes, and thereon alleges, that Defendant 

acquired Plaintiff’s credit information through an unauthorized inquiry of 

Plaintiff’s “consumer report” as that term is defined by 15 U.S.C. 

1681a(d)(1).

STATUTORY BACKGROUND

15. The FCRA is a consumer protection statute which regulates the activities of 

credit reporting agencies and users of credit reports, and which provides 

certain rights to consumers affected by use of the collected information about 

them.

16. Congress designed the FCRA to preserve the consumer’s right to privacy by 

safeguarding the confidentiality of the information maintained by the 

consumer reporting agencies. Congress stated in the opening section of the 

FCRA that “[t]here is a need to insure that consumer reporting agencies 

exercise their grave responsibilities with fairness, impartiality, and a respect 

for the consumer’s right to privacy.” 15 U.S.C. § 1681(a)(4).

Case 2:15-cv-02073-NVW Document 1 Filed 10/16/15 Page 3 of 7
______________________________________________________________________________________________________

Complaint - 4 of 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

17. Under the FCRA, the term “consumer report” means any written, oral, or 

other communication of any information by a consumer reporting agency 

bearing on a consumer’s creditworthiness, 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 the underwriting of credit transactions 

involving the consumer. 

18. Congress has chosen to protect the consumer’s right to privacy by prohibiting 

any release of consumer reports unless the release is for one of the 

permissible purposes listed in 15 U.S.C. § 1681b.

19. 15 U.S.C. § 1681b(f) in turn provides “[a] person shall not use or obtain a 

consumer report for any purpose unless – (1) the consumer report is obtained 

for a purpose for which the consumer report is authorized to be furnished 

under this section.”

20. The permissible purposes listed in 1681b usually arise only in connection 

with transactions initiated by the consumer. See 15 U.S.C. § 1681b(a)(3)(A)-

(F).

FACTUAL ALLEGATIONS

21. At all times relevant to this matter, Plaintiff was an individual residing within 

the State of Arizona.

22. At all times relevant, Defendant conducted business within the State of 

Arizona. 

23. On or about February 2, 2010, Plaintiff filed for a Chapter 13 Bankruptcy in 

the U.S. States Bankruptcy Court, District of Arizona, case number 2:10-bk02678-JMM in order to obtain a fresh start and rebuild her credit. 

24. In Plaintiff’s bankruptcy filing, Defendant was included as a creditor and was 

served notice of Plaintiff’s filing bankruptcy as well as Plaintiff’s subsequent 

discharge. 

Case 2:15-cv-02073-NVW Document 1 Filed 10/16/15 Page 4 of 7
______________________________________________________________________________________________________

Complaint - 5 of 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

25. Plaintiff’s bankruptcy discharge occurred on May 13, 2015.

26. On or about June 6, 2015, Defendant made an account inquiry accessing 

Plaintiff’s Equifax credit report.

27. Plaintiff did not conduct any business nor incur any additional financial 

obligations with Defendant since the date of his filing for bankruptcy.

28. 15 U.S.C. § 1681b delineates the only permissible uses of, or access to, 

consumer reports.

29. Since any alleged debt owed to Defendant was discharged in bankruptcy, 

Defendant did not have a permissible purpose to access Plaintiff’s consumer 

report information.

30. Defendant’s inquiry for Plaintiff’s consumer report information, without 

Plaintiff’s consent, falls outside the scope of any permissible use or access 

included in 15 U.S.C. § 1681b. 

31. Defendant’s inquiry does not qualify as a “firm offer of credit” under the 

FCRA.

32. As a result of Defendant’s illegal actions, Plaintiff is informed and believes 

that his credit scores were lowered. 

33. Since Defendant accessed Plaintiff’s credit reports without a permissible 

purpose, Plaintiff’s privacy was invaded because Defendant viewed Plaintiff’s 

private financial information. 

34. Since Defendant had notice of Plaintiff’s bankruptcy and was aware the debt 

was no longer owed, Defendant’s actions were willful.

CAUSES OF ACTION

COUNT I

FAIR CREDIT REPORTING ACT (FCRA)

15 U.S.C. §§ 1681 ET SEQ.

35. Plaintiff repeats, re-alleges, and incorporates by reference, all other 

paragraphs.

Case 2:15-cv-02073-NVW Document 1 Filed 10/16/15 Page 5 of 7
______________________________________________________________________________________________________

Complaint - 6 of 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

36. The foregoing acts and omissions constitute numerous and multiple willful, 

reckless or negligent violations of the FCRA, including but not limited to 

each and every one of the above-cited provisions of the FCRA, 15 U.S.C § 

1681.

37. As a result of each and every negligent violation of the FCRA, Plaintiff is 

entitled to actual damages as the Court may allow pursuant to 15 U.S.C. § 

1681o(a)(1); statutory damages pursuant to 15 U.S.C. § 1681n(a)(1); and 

reasonable attorney’s fees and costs pursuant to 15 U.S.C. § 1681o(a)(2) from 

Defendant.

38. As a result of each and every willful violation of the FCRA, Plaintiff is 

entitled to actual damages or damages of not less than $100 and not more than 

$1,000 and such amount as the court may allowed for all other class members, 

pursuant to 15 U.S.C. § 1681n(a)(1)(A); punitive damages as the court may 

allow, pursuant to 15 U.S.C. § 1681n(a)(2); and reasonable attorney’s fees 

and costs pursuant to 15 U.S.C. § 1681n(a)(3) from Defendant.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that judgment be entered against Defendant, and 

Plaintiff be awarded damages from Defendant, as follows:

COUNT I

FAIR CREDIT REPORTING ACT (FCRA)

15 U.S.C. §§ 1681 ET SEQ.

39. An award of actual damages pursuant to 15 U.S.C. § 1681n(a)(1);

40. An award of statutory damages pursuant to 15 U.S.C. § 1681n(a)(1);

41. An award of punitive damages as the Court may allow pursuant to 15 U.S.C. 

§ 1681n(a)(2); and

42. An award of costs of litigation and reasonable attorney’s fees, pursuant to 15 

U.S.C. § 1681n(a)(3), and 15 U.S.C. § 1681(o)(a)(1) against Defendant for 

each incident of negligent noncompliance of the FCRA.

Case 2:15-cv-02073-NVW Document 1 Filed 10/16/15 Page 6 of 7
______________________________________________________________________________________________________

Complaint - 7 of 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

TRIAL BY JURY

43. Pursuant to the seventh amendment to the Constitution of the United States of 

America, Plaintiff is entitled to, and demands, a trial by jury.

Date: October 16, 2015 Kazerouni Law Group

By: /s/ Ryan L. McBride 

Ryan L. McBride, Esq.

Attorney for the Plaintiff

Case 2:15-cv-02073-NVW Document 1 Filed 10/16/15 Page 7 of 7