1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SHAMIKA SANGSTER, )

) 1:20-cv-03626

Plaintiff, )

)

v. )

)

RENTGROW, INC., )

)

Defendant. )

COMPLAINT

NOW COMES the Plaintiff, SHAMIKA SANGSTER, by and through her attorneys, 

SMITHMARCO, P.C., and for her complaint against RENTGROW, INC., Plaintiff states as 

follows:

I. PRELIMINARY STATEMENT

1. This is an action for actual and statutory damages for violations of the Fair Credit 

Reporting Act, 15 U.S.C. §1681, et. seq.

II. JURISDICTION & VENUE

2. Jurisdiction arises under the Fair Credit Reporting Act (hereinafter “FCRA”), 15 

U.S.C. §1681, et. seq., and pursuant to 28 U.S.C. §1331 and 28 U.S.C. §1337.

3. Venue is proper in this district pursuant to 28 U.S.C. §1391(b).

III. PARTIES

4. SHAMIKA SANGSTER, (hereinafter, “Plaintiff”) is an individual who was at all 

relevant times residing in the City of Chicago, County of Cook, State of Illinois.

Case: 1:20-cv-03626 Document #: 1 Filed: 06/19/20 Page 1 of 6 PageID #:1
2

5. At all relevant times, Plaintiff was a “consumer” as that term is defined by 15 

U.S.C. §1681a(c).

6. RENTGROW, INC., (hereinafter, “Defendant”), is a business entity that provides 

tenant screening services to various third-parties.

7. Defendant has its principal place of business located at 400 5th Ave., 6th Floor, 

Waltham, MA 02451.

8. At all relevant times Defendant was a “person” as that term is defined by 15 U.S.C. 

§1681a(b).

9. At all relevant times Defendant was a “consumer reporting agency” as that term is 

defined by 15 U.S.C. §1681a(f).

10. At all relevant times, Defendant was acting by and through its agents, servants, 

and/or employees, who were acting within the course and scope of their agency or employment, 

and under the direct supervision and control of Defendant. 

IV. ALLEGATIONS

11. At all relevant times, “background reports” as alleged in this pleading are 

“consumer reports” as that term is defined by 15 U.S.C. §1681a(d).

12. Among other things, the FCRA regulates the collection, maintenance and 

disclosure of consumer credit report information by consumer reporting agencies.

13. Among other things, Defendant sells consumer reports to potential landlords who 

wish to screen tenant applicants.

14. Some of the consumer reports Defendant sells to landlords contain information 

regarding a prospective tenant’s criminal arrest and conviction history.

Case: 1:20-cv-03626 Document #: 1 Filed: 06/19/20 Page 2 of 6 PageID #:2
3

15. When a consumer reporting agency prepares a consumer report, it is required by 

the FCRA to follow reasonable procedures to assure maximum possible accuracy of the 

information concerning the individual about whom the report relates.

16. As a consumer reporting agency, when it prepares a consumer report, Defendant is 

required to follow reasonable procedures to assure maximum possible accuracy of the information 

concerning the individual about whom the report relates.

17. On or about March 11, 2020, Plaintiff submitted a tenancy application for an 

apartment at Prairie Shores Apartments (hereinafter, “PRAIRIE”).

18. On or about March 11, 2020, PRAIRIE agreed to rent an apartment to Plaintiff 

contingent upon Plaintiff successfully passing a background screening.

19. As part of its routine background check on its prospective tenants, PRAIRIE

requested that Defendant provide information regarding, among other things, the character and 

general reputation of Plaintiff.

20. On or about March 11, 2020, Defendant prepared and sold a consumer report to 

PRAIRIE, purportedly regarding the character and general reputation of Plaintiff.

21. Despite its obligations pursuant to the FCRA, Defendant has been reporting 

derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s character 

and general reputation to third parties (hereinafter the “inaccurate information”).

22. The inaccurate information of which Plaintiff complains is a an eviction lawsuit 

that was erroneously filed against her in August of 2017.

23. Specifically, Plaintiff asserts that the eviction lawsuit was erroneously filed, and on 

August 31, 2017, an order was entered by the presiding judge sealing the case from public view. 

Case: 1:20-cv-03626 Document #: 1 Filed: 06/19/20 Page 3 of 6 PageID #:3
4

24. Defendant has been improperly reporting, and did here report, sealed, derogatory, 

inaccurate, and/or time barred statements and information relating to Plaintiff and Plaintiff’s rental

history to third parties (“inaccurate information”), including PRAIRIE.

25. Defendant is inaccurately reporting an eviction pertaining to Plaintiff. The 

aforementioned lawsuit had been removed from the Cook County public records pursuant to the 

order entered sealing said case.

26. Defendant failed to follow reasonable procedures to assure the maximum possible 

accuracy of the information it reported about the Plaintiff. Had Defendant followed such 

procedures it would have never falsely reported the sealed and/or expunged case on Plaintiff’s 

consumer report.

27. As a result of the information contained within the consumer report that Defendant 

sold to PRAIRIE, Plaintiff was denied a residence with PRAIRIE; the basis for this denial was the 

inaccurate and derogatory information that appears on Plaintiff’s consumer report and that the 

inaccurate information was a substantial factor for denial. 

28. Despite its obligations to comply with the FCRA, Defendant prepared and sold a 

report purporting to contain information regarding Plaintiff’s character and general reputation yet 

said report contained patently inaccurate information. 

29. Defendant failed to follow reasonable procedures to assure the maximum possible 

accuracy of the information it reported about Plaintiff to PRAIRIE and other unknown third 

parties.

30. Plaintiff has been damaged, and continues to be damaged, in the following ways:

a. Lost rental opportunities and/or delay in being approved for rental 

opportunities;

Case: 1:20-cv-03626 Document #: 1 Filed: 06/19/20 Page 4 of 6 PageID #:4
5

b. Emotional distress, mental anguish, humiliation and embarrassment associated 

with having incorrect derogatory personal information transmitted about 

Plaintiff to other people both known and unknown;

31. At all times pertinent hereto, the conduct of Defendant, as well as that of its agents, 

servants and/or employees, was malicious, intentional, willful, reckless, and in grossly negligent 

disregard for federal and state laws and the rights of Plaintiff herein.

32. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o, Defendant is liable to Plaintiff 

for engaging in the following conduct:

a. willfully and negligently failing to employ and follow reasonable procedures to 

assure maximum possible accuracy of Plaintiff’s credit report, information and 

file, in violation of 15 U.S.C. §1681e(b).

33. The conduct of Defendant was a direct and proximate cause, as well as a substantial 

factor, in bringing about the injuries, damages and harm to Plaintiff that are outlined more fully 

above and, as a result, Defendant is liable to Plaintiff for the full amount of statutory, actual and 

punitive damages, along with the attorneys’ fees and the costs of litigation, as well as such further 

relief, as may be permitted by law.

V. JURY DEMAND

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

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, SHAMIKA SANGSTER, by and through her attorneys, 

respectfully prays for Judgment to be entered in favor of Plaintiff and against Defendant as follows:

a. All actual compensatory damages suffered;

b. Statutory damages of $1,000.00;

c. Punitive damages;

d. Plaintiff’s attorneys’ fees and costs; and,

Case: 1:20-cv-03626 Document #: 1 Filed: 06/19/20 Page 5 of 6 PageID #:5
6

e. Any other relief deemed appropriate by this Honorable Court.

Respectfully submitted,

SHAMIKA SANGSTER

By: s/ David M. Marco

Attorney for Plaintiff

Dated: June 19, 2020

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

Case: 1:20-cv-03626 Document #: 1 Filed: 06/19/20 Page 6 of 6 PageID #:6