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Floyd W. Bybee, SB 012651

BYBEE LAW CENTER, PLC

90 S. Kyrene Rd., Ste. 5

Chandler, AZ 85226-4687

Office: (480) 756-8822

Fax: (480) 302-4186

floyd@bybeelaw.com

Todd D. Simpson, SB 031251

LARSON & SIMPSON, PLC

90 S. Kyrene Rd, Ste. 5

Chandler, AZ 85226-4687

Phone: (602) 730-2875

Fax: (866) 359-3374

todd@larsonandsimpson.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

 

)

Angelica Jackson; )

)

)

)

Plaintiff, )

)

v. )

)

Diversified Consultants, Inc.; )

)

)

)

Defendant. )

)

 )

No. 

COMPLAINT

(Jury Trial Demanded)

Preliminary Statement

1. On one or more occasions Defendant obtained the Plaintiff’s credit

report in violation of the Fair Credit Reporting Act (“FCRA”), 15

U.S.C. §§ 1681 et seq. Plaintiff seeks monetary, declaratory and injuncCase 2:16-cv-00019-DLR Document 1 Filed 01/06/16 Page 1 of 5
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tive relief.

Jurisdiction and Venue

2. Jurisdiction over this action is premised upon 15 U.S.C. § 1681p and

28 U.S.C. § 1367. 

3. Venue is proper in this District under 28 U.S.C. § 1391(b), and in that

the Defendant’s conduct complained of occurred in the District.

Parties

4. Plaintiff is an individual who at all times relevant resided in Maricopa

County, Arizona.

5. Defendant Diversified Consultants, Inc. (“DCI”) is a national collection

agency licensed to conduct business within the state of Arizona. 

Factual Allegations

The Impermissible Access

6. On February 2, 2015, DCI accessed or obtained a consumer report

(hereinafter “credit report” or “consumer report”) on Ms. Jackson from

Trans Union, a national consumer reporting agency.

7. DCI’s stated purpose for requesting the credit report was “account

review.”

8. Less than two weeks later, DCI sent Plaintiff a collection letter on

behalf of Sprint.

9. Plaintiff had previously filed Chapter 7 bankruptcy on July 1, 2014.

10. DCI and Sprint were both notified by the Bankruptcy court of Plaintiff’s filing on or about July 3, 2014.

11. The account DCI was attempting to collect on behalf of Sprint was

included in Plaintiff’s Chapter 7 bankruptcy.

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12. Plaintiff received a discharge of her debts on October 16, 2014.

13. The bankruptcy court sent notice of Plaintiff’s discharge to both DCI

and Sprint on October 16, 2014. 

14. DCI did not have a permissible purpose for making the credit report

inquiry on Plaintiff on February 2, 2015.

15. At the time DCI made its inquiry, DCI knew that the account it was

attempting to collect from Plaintiff had been included and discharged

in Ms. Jackson’s Chapter 7 bankruptcy.

16. At the time DCI made its inquiry, DCI knew that its stated purpose for

obtaining Ms. Jackson credit report, that of “Account Review,” was

false.

17. At the time DCI made its inquiry, DCI knew that it did not have a

permissible purpose to access Ms. Jackson’s credit report.

18. Upon information and belief, at the time DCI obtained Plaintiff’s credit

report on February 2, 2015, DCI had a policy of regularly ignoring the

bankruptcy discharge of its customers and regularly obtained credit

reports under the guise of an “Account Review.”

Other Impermissible Accesses

19. Upon information and belief, DCI accessed Ms. Jackson’s consumer

report one or more times between January 6, 2014 and January 6, 2016

without a permissible purpose.

Count I. Violation of FCRA

Negligently Obtaining Consumer Report Without Permissible Purpose

20. Plaintiff incorporates the preceding paragraphs.

21. DCI acted negligently in requesting and obtaining Ms. Jackson’s credit

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reports without a permissible purpose.

22. DCI’s conduct in obtaining Ms. Jackson’s credit reports without a

permissible purpose therefore violated 15 U.S.C. §1681b(f). 

23. As a result of DCI’s violation of the FCRA, Ms. Jackson has suffered

an invasion privacy, and other actual damages.

WHEREFORE, the plaintiff requests that this Court enter judgment in

her favor and against defendant DCI as follows:

a. pursuant to 15 U.S.C. § 1681o(a)(1), award her actual damages,

for each impermissible access of her credit report;

b. pursuant to 15 U.S.C. § 1681o(a)(2), award costs of the action

and reasonable attorney fees; and

c. grant such other and further relief as the court deems just and

proper.

Count II. Violation of FCRA

Willfully Obtaining Consumer Report Without Permissible Purpose 

24. Plaintiff incorporates the preceding paragraphs.

25. DCI acted willfully in requesting and obtaining Ms. Jackson’s credit

reports without a permissible purpose.

26. DCI’s conduct in willfully obtaining Ms. Jackson’s credit reports

without a permissible purpose therefore violated 15 U.S.C. §1681b(f).

27. As a result of DCI’s violation of the FCRA, Ms. Jackson has suffered

an invasion privacy, and other actual damages.

WHEREFORE, the plaintiff requests that this Court enter judgment in

her favor and against defendant DCI as follows:

a. pursuant to 15 U.S.C. § 1681n(a)(1)(A), award her actual dam-

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ages, or not less than $100 and not more than $1,000 for each

impermissible access of her credit report, whichever is greater;

b. pursuant to 15 U.S.C. § 1681n(a)(2), award such punitive damages as the Court deems appropriate;

c. pursuant to 15 U.S.C. § 1681n(a)(3), award costs of the action

and reasonable attorney fees; and

d. grant such other and further relief as the court deems just and

proper.

Demand for Jury Trial

Plaintiff hereby demands a jury trial on all issues so triable.

RESPECTFULLY SUBMITTED: January 6, 2016 .

 s/ Floyd W. Bybee 

Floyd W. Bybee, #012651

BYBEE LAW CENTER, PLC

90 S. Kyrene Rd., Ste. 5

Chandler, AZ 85226-4687

Office: (480) 756-8822

Fax: (480) 302-4186

floyd@bybeelaw.com

Todd D. Simpson, SB 031251

LARSON & SIMPSON, PLC

90 S. Kyrene Rd, Ste. 5

Chandler, AZ 85226-4687

Phone: (602) 730-2875

Fax: (866) 359-3374

todd@larsonandsimpson.com

Attorneys for Plaintiff 

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