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A plaintiff has filed a proposed class-action lawsuit against a law firm for allegedly violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act by including credit card statements that had the plaintiff’s credit score published on them in filings with a state court in an attempt to collect on an unpaid debt.
When it sued the plaintiff in an attempt to collect an unpaid credit card debt, the law firm included a statement from the creditor in the complaint. The statement included the plaintiff’s credit score, which was unredacted and available for anyone to see, according to the complaint, which was filed last week in the District Court for the District of Colorado.
A copy of the complaint in Blanks v. Machol & Johannes can be accessed by clicking here.
The plaintiff alleges that the publication of her credit scores is a violation of Sections 1681b and 1681b(f) of the FCRA because the defendant did not have a permissible purpose for obtaining or using the credit scores. The plaintiff is also alleging violations of Sections 1692d, 1692e(10), and 1692f of the FDCPA.
In filing the suit as a class action, the plaintiff is seeking to certify two classes. One is an FCRA class and one is an FDCPA class. Each potential class uses the same language:
All Colorado consumers that have had their Trans Union consumer reports/credit scores published in various judicial court actions by Defendant Law Firm within two years of the date of the filing of this Complaint.
