Complaint

Date: 2024-11-21

Summary

A complaint in Adrianna Nicole Ricks v. LexisNexis Risk Solutions, Inc., Civil Action No. 4:24-cv-00139, in the U.S. District Court for the Eastern District of Virginia, Newport News Division, filed November 21, 2024 as Document 1, with a demand for jury trial. The complaint alleges violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., arising from the defendant mixing the plaintiff's consumer file with another consumer's. It asserts claims under 15 U.S.C. § 1681e(b) for failing to follow reasonable procedures to assure maximum possible accuracy, under 15 U.S.C. § 1681i for failing to reasonably reinvestigate disputes, and under 15 U.S.C. § 1681b(a) for furnishing a report without a permissible purpose. The prayer for relief seeks actual, statutory and punitive damages, fees and costs. The 60-page complaint is signed by counsel Susan Mary Rotkis.

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Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 1 of 60 PageID# 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NEWPORT NEWS DIVISION
ADRIANNA NICOLE RICKS,
Plaintiff,

Civil Action No.: 4:24-cv-00139

v.
DEMAND FOR JURY TRIAL
LEXISNEXIS RISK SOLUTIONS, INC.,
Defendant.

COMPLAINT
Adrianna Nicole Ricks (“Plaintiff” or “Ms. Ricks”) brings this action on an individual
basis, against LexisNexis Risk Solutions, Inc. (“Defendant” or “LexisNexis”) for actual, statutory,
and punitive damages and costs, and attorney’s fees, for violations of the Fair Credit Reporting
Act (“FCRA”), 15 U.S.C. §§ 1681, et. seq., arising out of Defendant’s mixing Plaintiff’s consumer
file with another consumer.
INTRODUCTION
1.

The computerization of our society has resulted in a revolutionary increase in the

accumulation and processing of data concerning individual American consumers. Data
technology, whether it is used by businesses, banks, the Internal Revenue Service or other
institutions, allows information concerning individual consumers to flow instantaneously to
requesting parties. Such timely information is intended to lead to faster and better decision-making
by its recipients and, in theory, all of society should ultimately benefit from the resulting
convenience and efficiency.

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However, unfortunately this information has also become readily available for, and

subject to, mishandling and misuse. Individual consumers can and do sustain substantial damage,
both economically and emotionally, whenever inaccurate or fraudulent information is
disseminated and/or obtained about them. In fact, the Defendant acknowledges this potential for
misuse and resulting damage every time it sells its respective credit monitoring services to a
consumer.
3.

The ongoing technological advances in the area of data processing have resulted in

a boon for the companies that accumulate and sell data concerning individuals' credit histories and
other personal information. Such companies are commonly known as consumer reporting agencies
("CRAs").
4.

These CRAs sell information to readily paying subscribers (i.e., retailers, landlords,

lenders, potential employers, and other similar interested parties), commonly called "consumer
reports," concerning individuals who may be applying for retail credit, housing, employment, or a
car or mortgage loan.
5.

Since 1970, when Congress enacted the Fair Credit Reporting Act, 15 U.S.C. §

1681, et seq. ("FCRA"), federal law has required CRAs to implement and utilize reasonable
procedures "to assure maximum possible accuracy" of the personal, private, and financial
information that they compile and sell about individual consumers.
6.

“Credit is the lifeblood of the modern American economy, and for the American

consumer access to credit has become inextricably tied to consumer credit scores as reported by
credit reporting agencies.” Burke v. Experian Info. Sols., Inc., 2011 WL 1085874, at *1 (E.D. Va.
Mar. 18, 2011).
7.

Congress made the following findings when it enacted the FCRA in 1970:

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(a)

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 functioning of the banking
system.
(b)
An elaborate mechanism has been developed for investigating and
evaluating the credit worthiness, credit standing, credit capacity, character,
and general reputation of consumers.
(c)
Consumer reporting agencies have assumed a vital role in assembling and
evaluating consumer credit and other information on consumers.
(d)
There is a need to ensure 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)(1-4).
8.

Thus, one of the fundamental purposes of the FCRA is “to require that consumer

reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer
credit, personnel, insurance, and other information in a manner which is fair and equitable to the
consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such
information in accordance with the requirements of this subchapter.” 15 U.S.C. § 1681(b).
Accordingly, “[t]he FCRA evinces Congress’ intent that consumer reporting agencies, having the
opportunity to reap profits through the collection and dissemination of credit information, bear
‘grave responsibilities.’” Cushman v. Trans Union, 115 F.3d 220, 225 (3d Cir. 1997).
9.

The preservation of one's good name and reputation is also at the heart of the

FCRA's purposes:
[W]ith the trend toward computerization of billings and the establishment of all
sorts of computerized data banks, the individual is in great danger of having his life
and character reduced to impersonal "blips" and key-punch holes in a stolid and
unthinking machine which can literally ruin his reputation without cause, and make
him unemployable or uninsurable, as well as deny him the opportunity to obtain a
mortgage or buy a home. We are not nearly as much concerned over the possible
mistaken turn-down of a consumer for a luxury item as we are over the possible
destruction of his good name without his knowledge and without reason.
Shakespeare said, the loss of one's good name is beyond price and makes one poor
indeed.

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Bryant v. TRW, Inc., 689 F.2d 72, 79 (6th Cir. 1982) [quoting 116 cong. Rec. 36570 (1970)]
(emphasis added).
10.
Since 1970, when Congress enacted the Fair Credit Reporting Act, as amended, 15
U.S.C. § 1681 et. seq., (“FCRA”), the federal law has required CRAs to have in place and to utilize
reasonable procedures “to assure the maximum possible accuracy” of the personal and financial
information that they compile and sell about individual consumers.
11.

The FCRA also requires CRAs to conduct a reasonable reinvestigation to determine

whether information disputed by consumers is inaccurate and record the current status of the
disputed information, or delete the disputed information, before the end of the 30-day period
beginning on the date on which the CRA receives the notice of dispute from the consumer. This
mandate exists to ensure that consumer disputes are handled in a timely manner and that inaccurate
information contained within a consumer's consumer report is corrected and/or deleted so as to not
prevent said consumer from benefiting from his or her credit and obtaining new credit.
12.

In light of these important findings and purposes, Congress specifically noted "a

need to insure that [CRAs] exercise their grave responsibilities with fairness, impartiality, and
respect for the consumer's right to privacy." See 15 U. S.C. § 1681(a)(4).
13.

The FCRA also requires furnishers of information, a creditor or other third party

that provides information about consumer to a CRA, upon notice, to conduct a reasonable
reinvestigation of all disputes with regard to the completeness or accuracy of any information it
provides to the CRAs regarding a consumer and modify, delete, or permanently block any items
of information found to be inaccurate, incomplete, or unverifiable after said reinvestigation is
completed.
14.

A recurring and known issue within the consumer reporting industry is the creation

of “mixed files.”

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15.

A “mixed file” occurs when personal and credit information belonging to Consumer

B appears in one or more of Consumer A’s consumer files.
16.

“Mixed files” create a false description and representation of a consumer’s credit

history.
17.

The Federal Trade Commission defined a mixed consumer file as a file that “refers

to a Consumer Report in which some or all of the information pertains to Persons other than the
Person who is subject to that Consumer Report.” F.T.C. v. TRW, Inc., 784 F. Supp. 361, 362 (N.D.
Tex. 1991).
18.

Mixed files are not a new phenomenon. Defendant has been on notice of the

existence of mixed files, and the fact that its procedures for creating consumer files, including its
matching algorithms, are prone to frequently cause mixed files, for over thirty (30) years. See
Thompson v. San Antonia Retail Merchants Ass’n, 682 F.2d 509, 511 (5th Cir. 1982).
19.

Notwithstanding Defendant’s notice, mixed files continue to occur despite

consumers’ unique personal identifying information, such as Social Security numbers, date of
birth, and addresses.
20.

Another consequence of mixed files is the resulting disclosure of a consumer’s most

personal identifying and financial information absent the consumer’s knowledge or consent, or
both. This occurs when a consumer’s file is mixed with that of another consumer, and either of
those consumers applies for credit, housing, insurance, or employment, and CRA’s, like Defendant
sells information pertaining to one consumer in response to the application of the other.
21.

FCRA lawsuits have resulted in multi-million-dollar verdicts for consumers who

fall victim to a mixed consumer file.

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22.

For example, in 2002, the jury in Judy Thomas v. Trans Union LLC, District of

Oregon, Case NO. 00-1150-JE, found Trans Union had willfully violated the FCRA by mixing
Judy Thomas’s personal and credit information with another consumer’s and failing to unmix them
despite Ms. Thomas’ numerous disputes. The jury awarded Ms. Thomas $300,000.00 in actual
damages and $5,000,000.00 in punitive damages. Despite the verdict, Defendant continues to mix
consumers’ consumer files with other consumers’ consumer files.
23.

In 2007, the jury in Angela Williams v. Equifax Information Services, LLC, Circuit

Court for Orange County Florida, Case No. 48-2003-CA-9035-0, awarded Angela Williams
$219,000.00 in actual damages and $2,700,000.00 in punitive damages for willfully violating the
FCRA by mixing Angela Williams with another consumer and failing to unmix them despite Ms.
Williams’ disputes. Despite the verdict, Defendant continues to mix consumers’ consumer files
with other consumers’ consumer files.
24.

In 2013, the jury in Julie Miller v. Equifax Information Services, LLC, District of

Oregon, Case No. 3:11-cv-01231-BR, awarded Julie Miller $180,000.00 in actual damages and
more than $18,000,000.00 in punitive damages for willfully violating the FCRA by mixing Julie
Miller with another consumer and failing to unmix them despite Ms. Miller’ numerous disputes.
Despite the verdict, Defendant continues to mix consumers’ consumer files with other consumers’
consumer files.
25.

More recently, a jury assessed a $60 million dollar verdict against Trans Union for

mixing innocent persons as terrorists and drug dealers by matching consumers with the Office of
Foreign Asset Control’s “terrorist alert” list based on first and last name alone. See Ramirez v.
Trans Union, LLC, No. 12-CV-00632-JSC, 2017 WL 5153280, at *1 (N.D. Cal. Nov. 7, 2017),
aff’d in part, vacated in part, rev’d in part sub nom. Ramirez v. TransUnion, LLC, 951 F.3d 1008

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(9th Cir. 20020). Despite being put on notice regarding such a verdict, Defendant continues to mix
consumers’ files with other consumers’ files.
26.

National news articles have been published calling attention to the Defendant’s

specific conduct in mixing consumer’ files, of which Defendant is well aware. See, e.g.,
https://www.newsweek.com/2019/10/04/lexisnexis-mistake-data-insurance-costs-1460831.html
27.

Moreover, repeated noncompliance with statutory duties can establish that the

defendants acted willfully. See Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47, 53 (2007) (punitive
damages can be awarded based on “reckless disregard for a statutory duty”).
28.

No less than three federal Courts of Appeal have held a consumer reporting agency

violates 15 U.S.C. § 1681e(b) and may be found to have willfully violated the FCRA when it mixes
a consumer’s file with another consumer.
29.

Notably, the Federal Trade Commission and Consumer Financial Protection

Bureau have specifically warned consumer reporting agencies to review their procedures when a
mixed file occurs.
30.

Despite federal and state law, Congressional mandate, federal and state

enforcement actions, and thousands of consumer lawsuits, mixed files remain a significant
problem for innocent consumers, including Plaintiff.
31.

Plaintiff’s claims arise out of the Defendant’s blatantly inaccurate reporting,

wherein Defendant published in a consumer report about Plaintiff, the information of another
consumer because Defendant mixed Plaintiff’s consumer file with that of a different person. .
32.

Further, Plaintiff’s claims also arise out of Defendant’s blatantly inaccurate

reporting, wherein Defendant permitted the impermissible access to Plaintiff’s consumer file when
it published a consumer report about Plaintiff in response to a credit application submitted by and

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pertaining to a different consumer because Defendant mixed Plaintiff’s consumer file with that of
a different consumer.
33.

Accordingly, Plaintiff brings claims against Defendant for failing to follow

reasonable procedures to assure the maximum possible accuracy of Plaintiffs consumer reports, in
violation of the FCRA, 15 U.S.C. § 1681e(b); for failing to conduct a reasonable reinvestigation
to determine whether information Plaintiff disputed was inaccurate and in fact, the product of a
mixed file, and for failing to delete the disputed information from Plaintiff’s consumer file, in
violation of the FCRA, 15 U.S.C. § 1681i; and for selling Plaintiff’s consumer report to third
parties, whom did not have a permissible purpose to Plaintiff’s consumer report, in relation to the
credit application of a different consumer, in violation of the FCRA, 15 U.S.C. § 1681b(a).
34.

As part of this action, Plaintiff seeks actual, statutory, and punitive damages, costs

and attorneys' fees from the Defendant for its willful and/or negligent violations of the Fair Credit
Reporting Act, 15 U.S.C. § 1681, et seq., as described herein.
PARTIES
35.

Adrianna Nicole Ricks (“Plaintiff” or “Ms. Ricks”) is a natural person residing in

Newport News, Virginia, and is a “consumer” as that term is defined in 15 U.S.C. § 1681a(c).
36.

Defendant LexisNexis Risk Solutions, Inc. ("Defendant" or "LexisNexis") is a

corporation doing business throughout the United States, including the Commonwealth of
Virginia, in this District and Division. It has a principal place of business located at 1000 Alderman
Drive, Alpharetta, Georgia 30005. LexisNexis can be served through its registered agent C T
Corporation System located at 289 S Culver Street, Lawrenceville, Georgia 30046.
37.

LexisNexis is a "consumer reporting agency" as defined in 15 U.S.C. § 1681a(f).

LexisNexis is regularly engaged in the business of assembling, evaluating, and disseminating

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information concerning consumers for the purpose of furnishing consumer reports, as defined in
15 U.S.C. § 1681a(d), to third parties.
38.

The information LexisNexis collects through their C.L.U.E. database, maintains,

and sells includes confidential details about the name, date of birth and policy number in addition
to claim details such as date of loss, claim type, amounts paid, fault details and vehicle information.
LexisNexis also collects consumers’ personal identifiers, such as Social Security Numbers
(“SSNs”), telephone numbers, and addresses.
39.

LexisNexis collects and maintains such information about consumers, whether

consumers like it or not. Consumers do not have a choice as to whether LexisNexis collects and
maintains information about them. Not only that, but consumers cannot remove information that
LexisNexis collects and maintains about them from the LexisNexis database. Further, LexisNexis
sells that information about consumers for its unilateral profit, none of which is shared with the
Plaintiff, who is the subject of the very data that LexisNexis sold.
JURISDICTION AND VENUE
40.

This Court has federal question jurisdiction over Plaintiff’s claims pursuant to 28

U.S.C. § 1331 and 15 U.S.C. § 1681p, which allows claims under the FCRA to be brought in any
appropriate court of competent jurisdiction.
41.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2) because a

substantial part of the events or omissions giving rise to Plaintiff's claims occurred in this District
and Division.
SUMMARY OF THE FAIR CREDIT REPORTING ACT
42.

The FCRA governs the conduct of consumer reporting agencies in an effort to

preserve the integrity of the consumer banking system and to protect the rights of consumers to
fairness and accuracy in the reporting of their credit information.

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43.

The FCRA was designed to protect consumers from the harmful effects of

inaccurate information reported in consumer reports (commonly referred to as “credit reports”).
Thus, Congress enshrined the principles of “fair and accurate credit reporting” and the “need to
ensure that consumer reporting agencies exercise their grave responsibilities with fairness” in the
very first provision of the FCRA. See 15 U.S.C. § 1681(a).
44.

Specifically, the statute was intended to ensure that “consumer reporting agencies

adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel,
insurance, and other information in a manner which is fair and equitable to the consumer, with
regard to the confidentiality, accuracy, relevancy, and proper utilization of such information. See
15 U.S.C. § 1681(b).
45.

To that end, the FCRA imposes the following twin duties on consumer reporting

agencies: (i) consumer reporting agencies must devise and implement reasonable procedures to
ensure the “maximum possible accuracy” of information contained in consumer reports (15 U.S.C.
§ 1681e(b)); and (ii) consumer reporting agencies must reinvestigate the facts and circumstances
surrounding a consumer’s dispute and timely correct any inaccuracies (15 U.S.C. § 1681i).
46.

The FCRA provides consumers with a private right of action against consumer

reporting agencies that willfully or negligently fail to comply with their statutory obligations under
the FCRA.
DEFENDANT’S PROCESSING OF CREDIT INFORMATION
47.

Defendant regularly obtains information from various sources around the country

including banks, credit unions, automobile dealers, student loan providers, public information
vendors, and others.
48.

These sources are known as “furnishers” within the credit reporting industry and

under the FCRA.

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49.

Defendant collects information from thousands of furnishers.

50.

The process by which Defendant receives, sorts, and stores information is largely

electronic.
51.

Defendant takes credit information reported by furnishers and creates consumer

52.

Defendant maintains consumer files on more than 200 million consumers.

53.

Consumer files are updated electronically by the furnishers to reflect new

files.

information regarding the reported accounts (sometimes referred to within the industry as
“tradelines”).
DEFENDANT’S MIXED FILE PROBLEM
54.

Defendant knows that different consumers have similar names.

55.

Defendant knows that different consumers can have similar Social Security

numbers.
56.

Defendant knows that different consumers with similar names can also have similar

Social Security numbers.
57.

Defendant knows that public records often do contain identifying information such

as Social Security numbers or dates of birth.
58.

Defendant matches tradelines and public records to a consumer file by comparing

the information about the consumer associated with the tradeline or public record to the
information they maintain about the consumer in the consumer’s consumer file or files.
59.

Defendant accomplishes this matching of credit information to consumer files

through the use of certain matching algorithms or database rules.

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60.

From time to time, Defendant’s matching algorithms match information belonging

to one consumer to the consumer file of another consumer; resulting in what’s commonly known
as in the credit reporting industry as a mixed or merged consumer file.
61.

Mixed files are not a new phenomenon. In fact, as long ago as the early 1990s, the

Federal Trade Commission (“FTC”) (the government agency charged with enforcement of the
FCRA), entered into individual Consent Decrees with each of the major CRAs, regarding its
significant failures and deficiencies with respect to mixed files.
62.

Similarly, the CFPB issued an advisory opinion in November 2021 stating that

consumer reporting agencies who use name-only-matching do not have reasonable procedures as
“name-only matching is particularly likely to lead to inaccuracies on consumer reports.”1
63.

Despite Defendant's long-standing and specific knowledge of the mixed file

problem, Plaintiff’s consumer report was still generated by Defendant containing information
belonging to another consumer.
64.

A mixed or merged consumer file is the result of Defendant’s inaccurately mixing

personal identifying information and credit information and/or an entire consumer file belonging
to one consumer into the consumer file of another consumer.
65.

There are many different possible causes for the mixing of consumer files but all of

them relate in one way or another to the algorithms and/or database rules used by Defendant to
match personal identifying information and credit information, including public record
information, to a particular consumers’ consumer file.

CFPB Advisory Opinion, 86 FR 62468, Nov. 10 2021,
https://files.consumerfinance.gov/f/documents/cfpb_name-only-matching_advisoryopinion_2021-11.pdf
12

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66.

The success or failure of these algorithms or rules is both a function of the rules

themselves and of the information provided by the furnishers of the tradeline information to
Defendant.
67.

A mixed consumer report could be caused by an improper algorithm just as it could

be caused by the inaccurate reporting of a consumer’s personal “indicative” information (e.g.,
name, Social Security number, address, date of birth, etc.) by the furnishers to Defendant.
68.

Accordingly, the database rules determine which consumer files are selected by the

algorithm and merged to create a complete consumer report.
69.

Therefore, a mixed consumer report is sometimes the result of the mixing of two or

more consumer files belonging to different consumers into one consumer report.
FACTUAL ALLEGATIONS
Plaintiff Applies for a TJX Credit Card
70.

In or around September 2023, Plaintiff was interested in securing a credit card and

had been considering a TJX credit card.
71.

On or about September 27, 2023, Plaintiff completed and submitted a credit card

application for a Synchrony Bank TJX Credit Card.
72.

For Synchrony Bank (“Synchrony”) to make a determination on Plaintiff’s credit

application, it would need to obtain copies of her consumer files. Plaintiff provided Synchrony
with her personal identification information, including her Social Security number, and authorized
it to obtain copies of her consumer files.
73.

Prior to October 1, 2023, Defendant sold a consumer report about Plaintiff to

Synchrony in response to Plaintiff’s credit application for the TJX Credit Card.

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Synchrony Denies Plaintiff’s Application for a TJX Credit Card
74.

On or about October 1, 2023, Synchrony issued an adverse action notice to Plaintiff.

Within that letter, Synchrony communicated that it had denied Plaintiff’s credit application due to
information reported by Defendant.
75.

Specifically, Synchrony’s adverse action notice provided the following reasons for

denying Plaintiff’s credit application:
(a)

“Applicant associated with many phone changes”;

(b)

“Number of inquiries”;

(c)

“Distance between applicant’s address and area code of phone number”;

and
(d)

“Days since most recent inquiry is too short”

76.

Defendant’s reporting was grossly inaccurate.

77.

Plaintiff was shocked and dismayed at the credit denial because the denial reasons

did not make sense to Plaintiff.
78.

First, to the best of Plaintiff’s recollection, she has only had three different phone

numbers since 2016.
79.

Furthermore, Plaintiff had been diligently working towards being a responsible

credit user had not applied for credit of any sort, since March of 2023, making it highly unlikely
that there were too many inquiries, or that her most recent inquiry had occurred in a time frame
considered to be “too short”.
80.

Finally, Plaintiff’s address and telephone number were both in Virginia, meaning

the “distance” between the two should not be an issue.

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81.

The consumer file provided to Synchrony by Defendant was patently false on its

face because Defendant should not have sold a consumer report about Plaintiff indicating there
were many inquiries, let alone recent ones.
82.

It was inaccurate for Defendant to publish information to a third party indicating

that Plaintiff had submitted other recent and frequent credit applications when Plaintiff had not
submitted inquiries so close together, or in the past six months.
83.

Defendant violated 15 U.S.C. § 1681e(b) by failing to establish or follow

reasonable procedures to assure maximum possible accuracy of the credit information it published
and maintained concerning Plaintiff.
Plaintiff’s Mixed Consumer file as of October 2023
84.

Frustrated, worried, and exasperated, Plaintiff immediately requested a copy of her

consumer file from Defendant.
85.

On or about October 18, 2023, Plaintiff secured a copy of her consumer file from

Defendant.
86.

Upon reviewing the contents of the October 18, 2023, consumer file, Plaintiff was

confounded by the appearance of several pieces of information that did not belong to Plaintiff at
all.
87.

Specifically, Defendant was reporting the following e-mail addresses which did not

belong to Plaintiff:
(a)
(b)
(c)
(d)
(e)

misparker5@gmail.com
jjosephricks@yahoo.com
reesepcpkr@gmail.com
jayricks1886@yahoo.com
ricks_adrianna@yahoo.com

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88.

Further, Defendant was reporting the following name variation which did not

belong to Plaintiff:
(a)
89.

Adrian Ricks

Further, Defendant was reporting the following addresses which did not belong to

Plaintiff:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
90.

27 RIVERLANDS DR, NEWPORT NEWS, VA 23605 – 3530
114 KENNETH CT, NEWPORT NEWS, VA 23602 – 6560
SPRINGFIELD, PA 19064
PORTSMOUTH, VA 23701
NEWPORT NEWS, VA 23606
5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2022
161 ROSE CT APT 10, NEWPORT NEWS, VA 23601 1226
BALTIMORE, MD 21276
BROOKLYN, NY 11202
FORT EUSTIS, VA 23604
170 ANNETTE CT, NEWPORT NEWS, VA 236011259
6020 CHESTNUT AVE, NEWPORT NEWS, VA 236052024
126 W WASHINGTON ST 204 APT, SUFFOLK, VA 23434-5229
217 MIDDLE ST, SMITHFIELD, VA 234301016
191 LOCHAVEN DR, NEWPORT NEWS, VA 236027002
102 MARQUIS DR, COATESVILLE, PA 193203072
2729 JAMESTOWN AVE, HAMPTON, VA 236612037
390 COTTONWOOD AVE B UNIT, HAMPTON, VA 236612552

Further, Defendant was reporting the following phone numbers which did not

belong to Plaintiff:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)

757 4056817
757 8127660
757 2420672
757 5250614
757 5995959
757 3586263
757 8499475
757 2470486
757 2367533
347 6147177

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91.

Further, Defendant was reporting the following educational records which did not

belong to Plaintiff:

92.

(a)

ADRIAN RICKS
Student Details:
Date of Birth: XXXXXXXX
Age: 28
Gender: MALE
Address: 114 KENNETH CT, NEWPORT NEWS, VA 23602-6560
County: NEWPORT NEWS CITY
Latitude: 37.106960 Longitude: 76.531370
Address Type: SINGLE FAMILY DWELLING
Year of Graduation: 13
Income Level: $50,000-$59,999

(b)

ADRIAN RICKS
Student Details:
Date of Birth: XXXXXXXX Age: 28
Gender: MALE
Address: 170 ANNETTE CT, NEWPORT NEWS, VA 23601-1259
County: NEWPORT NEWS CITY
Latitude: 37.090410 Longitude: 76.455840
Address Type: HIGHRISE DWELLING Phone Number:
College/School Details:
Year of Graduation: 13
Income Level: $50,000-$59,999

(c)

ADRIAN RICKS
Student Details:
Date of Birth: XXXXXXXX
Age: 21
Gender: MALE
Address: 5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2022
County: NEWPORT NEWS CITY
Latitude: 37.009029 Longitude: 76.419510
Address Type: SINGLE FAMILY DWELLING
College/School Details:
Year of Graduation: 13
Head of Household First Name: MAXINE
Head of Household Gender: FEMALE
Income Level: $20,000 - $29,999

Further, Defendant was reporting the following business association records which

did not belong to Plaintiff:

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 18 of 60 PageID# 18

(a)

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address: 172.58.152.126
Phone Number: 4849085895
Cell Phone:
Business Details:
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

(b)

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 -2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address:
Phone Number: 4849085895
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

(c)

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address:
Phone Number: 4849085895
Cell Phone:
Business Details:
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

(d)

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661-2552
Latitude: 37.001210 Longitude: -76.391520
Email: RICKSN39@GMAIL.COM
IP Address: 172.58.152.126
Phone Number: 4849085895
Cell Phone:
Business Details:
Business Phone Number: 7578750404
Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661 – 2552

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 19 of 60 PageID# 19

93.

(e)

JOHN ROCK
Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661-2552
Phone Number: 4849085895
Business Details:
Title/Role:
Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661-2552
Business Phone Number: 7578750404

(f)

JOHN ROCK
Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2024
Phone Number: 4849085895
Business Details:
Title/Role:
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2024
Business Phone Number: 7578750404

(g)

Further, Defendant was reporting the following motor vehicle records which did

not belong to Plaintiff:
(a)

Motor Vehicle Details:
State: VA VIN: 1G6DM577X40161437
Year: 2004
Make: CADILLAC
Series: Model: CTS
Body: SEDAN
Name: MR ADRIAN J RICKS
Address: 5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2022
Latitude: 37.009029 Longitude: 76.419510

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 20 of 60 PageID# 20

ADRIANNA RICKS
Date of Birth: XXXXXX
Gender: M
Address: APT 6 13218 AQUEDUCT DR, NEWPORT NEWS, VA 236025858
County: Newport News City
Phone Number: 7572470486
VIN: 1G6DM577X40161437
Body Type: SEDAN Additional
Year: 2004
Class: FULL SIZE CAR
94.

Further, Defendant was reporting the following records from the Department of

Driver Services which did not belong to Plaintiff, including apparent convictions:
(a)

Code: 333192
Type: Conviction
Points: 0
Case Status: 107
Incident Date: 07/17/2021
Resolution Date: 0
Additional Violation Details: 90/60 SPRD
CASE #: GT2101217500
CASE FILE DATE: 20210720
Source Details: 1ST GENERAL DISTRICT COURT 307 ALBEMARLE
DR, #100 CIVIC CENTER CHESAPEAKE, VA 23322 (757) 3823100

(b)

Code: 128439
Type: Conviction
Points: 0
Case Status:
Incident Date: 05/10/2021
Resolution Date: 04/28/2023
Case Disposition: 102
Additional Violation Details: INDECENT ACT W/CHILD CUSTODIAN
CASE #: CR2200100301
CASE FILE DATE: 20220907
Source Details: 7TH CIRCUIT COURT 2500 WASHINGTON AVE
NEWPORT NEWS, VA 23607 (757) 9268561

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 21 of 60 PageID# 21

95.

(c)

Driver's License Violation Details:
Code: 160850
Type: Conviction
Points: 0
Case Status: 107
Incident Date: 07/17/2021
Resolution Date: 12/29/2021
Case Disposition: 110
Additional Violation Details: 74/60 SPEED
CASE #: GT2101217500
CASE FILE DATE: 20210720
Source Details: 1ST GENERAL DISTRICT COURT 307 ALBEMARLE
DR, #100 CIVIC CENTER CHESAPEAKE, VA 23322 (757) 3823100

(d)

Driver's License Violation Details:
Code: 4062
Type: Conviction
Points: 0
Incident Date: 05/10/2021
Resolution Date: 11/29/2022
Case Disposition: 105
Additional Violation Details: AGG SEX BATT: BY FORCE/1314
CASE #: CR2200108901
CASE FILE DATE: 20220926
Source Details: 7TH CIRCUIT COURT 2500 WASHINGTON AVE
NEWPORT NEWS, VA 23607 (757) 9268561

(e)

Code: 81010
Type: Conviction
Points: 0
Case Status:
Incident Date: 05/08/2020
Resolution Date: 09/15/2020
Case Disposition: 105
Additional Violation Details: DISP TAGS ISS ANOTHER
CASE #: GT2000850600
CASE FILE DATE: 20200527

Further, Defendant was reporting the following insurance policy records which did

not belong to Plaintiff:
(a)

Social Security Number:
Date Of Birth: 7/XX/1995
Gender: Male
Driver's License Number: XXXXX3827
21

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 22 of 60 PageID# 22

Driver's License State: Virginia
Insurance Type: Personal Auto
Relationship: Primary Policyholder
Current Term Start Date: 03/27/2018
Current Term End Date: 05/25/2018
Number of Policy Lapses: 1
Policyholder Cancellation Date: 05/25/2018
Policy Details:
Carrier: INTEGON GENERAL INSU AMBest
Number: 002459
National Association of Insurance Commissioner's Number: 22780
Number: 2006300889
Inception Date: 03/27/2018
State: Virginia Start Date: 03/27/2018
Type: Auto End Date: 03/27/2019
Details:
Make: CHEV
Vehicle Current Term Start Date: 03/27/2018
Year: 1994
Vehicle Cancelled Date: 05/25/2018
VIN: 1G1BL52W4RR198286
Vehicle Current Term End Date: 05/25/2018
(b)

ADRIANNA RICKS
Policyholder Details:
Social Security Number:
Date Of Birth: 7/XX/1995
Gender: Female
Driver's License Number: XXXXX5253
Driver's License State: Virginia
Insurance Type: Personal Auto
Relationship: Primary Policyholder
Current Term Start Date: 02/27/2020
Current Term End Date: 07/09/2020
Number of Policy Lapses: 1
Policy Details:
Carrier: INTEGON GENERAL INSU AMBest Number: 002459
National Association of Insurance Commissioner's Number: 22780
Number: 2009076275 Inception Date: 02/27/2020
State: Virginia Start Date: 02/27/2020
Type: Auto End Date: 02/27/2021
Status: Active Risk Type:

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 23 of 60 PageID# 23

Reason Policy Cancelled: Customer Request
Make: VOLK
Vehicle Current Term Start Date: 02/27/2020
Year: 2002
Vehicle Cancelled Date: 03/03/2020
VIN: 9BWGB61JX24005534
Vehicle Current Term End Date: 03/03/2020
Details:
Make: KIA
Vehicle Current Term Start Date: 03/03/2020
Year: 2003
Vehicle Cancelled Date: 07/09/2020
VIN: KNADC125536232177
Vehicle Current Term End Date: 07/09/2020
Auto Coverage: Yes
(c)

ADRIAN RICKS
Policyholder Details:
Social Security Number:
Date Of Birth: 7/XX/1995
Gender: Male
Driver's License Number: XXXXX3827
Driver's License State: Virginia
Insurance Type: Personal Auto
Relationship: Primary Policyholder
Current Term Start Date: 06/17/2021
Current Term End Date: 09/11/2021
Number of Policy Lapses: 1
Policyholder Cancellation Date: 09/11/2021
Policy Details:
Carrier: PROGRESSIVE GROUPS AMBest Number: 090525
National Association of Insurance Commissioner's Number: 11851
Number: 944871503AA452012 Inception Date: 12/17/2020
State: Virginia Start Date: 06/17/2021
Type: Auto End Date: 12/17/2021
Status: Active Risk Type:
Reason Policy Cancelled:

Details:
Make: CHEVR

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 24 of 60 PageID# 24

Vehicle Current Term Start Date: 06/17/2021
Year: 2019
Vehicle Cancelled Date: 09/11/2021
VIN: 1G11Z5SA1KU136350
Vehicle Current Term End Date: 09/11/2021
96.

Further, and even more damaging, Defendant was reporting the following lien

judgment records which did not belong to Plaintiff:
MR ADRIAN RICKS
Company Name:
Address: 161 ROSE CT 10 APT, NEWPORT NEWS, VA 23601-1226
County: 51700
Party Type: Petitioner
Court Details:
Court Name: NEWPORT NEWS CITY DISTRICT COURT
Court County: NEWPORT NEWS (CITY)
Court State: VA
Filing Details: Additional Filing Details:
Filing Type: FORCIBLE ENTRY/DETAINER
Filing Jurisdiction: VA
Filing Number: 703GV1802493900
97.

By reporting the aforementioned personal information in the consumer file

presumably about Plaintiff, despite the fact that the accounts and information do not belong to
Plaintiff, Defendant failed to follow reasonable procedures to assure the maximum possible
accuracy of the information contained within Plaintiff’s consumer files and consumer reports, in
violation of 15 U.S.C. § 1681e(b).
98.

Upon further review, Plaintiff discovered that her twin brother’s name, Adrian

Ricks, was also appearing in her consumer report. Further giving rise to her fear and worry that,
along with a different consumer, her twin brother’s information was mixed with hers.
99.

Further, and more damning still, Defendant was also reporting the following

account inquiries, with whom Plaintiff did not have an account relationship:
(a) Date of Inquiry: July 6, 2023
Collections TRANSWORLD SYSTEMS INC Paypal via Sync

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 25 of 60 PageID# 25

(b) Date of Inquiry: November 8, 2022
Collections TRANSWORLD SYSTEMS, INC
(c) Date of Inquiry: December 11, 2020
Credit Application GM Financial
(d) Date of Inquiry: December 11, 2020
Credit Application Ally Bank
(e) Date of Inquiry: December 11, 2020
Credit Application Global Lending Services LLC
(f) Date of Inquiry: December 7, 2020
Credit Application American Credit Acceptance
100.

Plaintiff did not apply for credit with any of the aforementioned entities and did not

have a relationship with any of the aforementioned entities. Defendant did not have a permissible
purpose for furnishing information about Plaintiff to the above-referenced entities on the abovereferenced dates.
101.

Upon information and belief, all of the above-referenced inquiries were initiated by

credit applications submitted by a different person.
102.

As Plaintiff had not authorized any of the above-referenced entities to request

Plaintiff’s consumer report from Defendant on the above-referenced dates between 2020 to 2023,
nor did Plaintiff enter into any business transaction or relationship which otherwise may have
provided a basis for those entities securing a copy of Plaintiff’s consumer report from Defendant,
Defendant disclosed information about Plaintiff to the above-referenced entities without a
permissible purpose and in violation of 15 U.S.C. § 1681b(a).
Plaintiff’s November 2023 Dispute to Defendant
103.

On or about November 1, 2023, realizing that something was very wrong with her

consumer file, Plaintiff sent a dispute letter to Defendant, via certified mail, and disputed the

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 26 of 60 PageID# 26

inaccuracies. Specifically, Plaintiff disputed the information that did not belong to her, as
identified in paragraphs 89 through 101.
104.

Along with her dispute letter, Plaintiff enclosed a copy of her driver’s license to

better assist Defendant in identifying her in its system.
105.

Plaintiff requested that Defendant reinvestigate the disputed information, correct

the reporting, and send her a corrected copy of her consumer report.
Defendant’s Unreasonable Dispute Reinvestigation November 2023
106.

On or about November 6, 2023, Defendant received Plaintiff’s dispute.

107.

Shortly thereafter, Plaintiff received Defendant’s dispute response, dated

November 21, 2023. Defendant’s response indicated that the disputed information, related to the
reported “Lien, Judgment, and Civil Filing Records” were accurate.
108.

Several weeks later, Plaintiff received another correspondence from Defendant,

dated December 5, 2023, with an additional dispute response. In this response, much to Plaintiff’s
dismay and confusion, Defendant indicated that it removed some of the disputed information; most
of the disputed information, however, remained in Plaintiff’s consumer file.
109.

Concerned about the state of her consumer file after receiving Defendant’s

November and December 2023 dispute responses, Plaintiff requested another copy of her
consumer file from Defendant.
110.

On or about January 25, 2024, Plaintiff obtained a copy of her consumer file from

Defendant.
111.

Upon reviewing the contents of the January 25, 2024, consumer file, Plaintiff was

distressed to see that Defendant was still reporting information belonging to both her brother and
a different consumer to Plaintiff’s consumer file.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 27 of 60 PageID# 27

112.

Specifically, Defendant was still reporting the following disputed information

which does not belong to Plaintiff:
(a) Emails:
i.
ii.
iii.
iv.
v.

misparker5@gmail.com
jjosephricks@yahoo.com
reesepcpkr@gmail.com
jayricks1886@yahoo.com
ricks_adrianna@yahoo.com

(b) Name Variations:
i.

Adrian Ricks

27 RIVERLANDS DR, NEWPORT NEWS, VA 23605 – 3530
114 KENNETH CT, NEWPORT NEWS, VA 23602 – 6560
SPRINGFIELD, PA 19064
NEWPORT NEWS, VA 23606
5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2022
161 ROSE CT APT 10, NEWPORT NEWS, VA 23601 1226
BALTIMORE, MD 21276
BROOKLYN, NY 11202
FORT EUSTIS, VA 23604
170 ANNETTE CT, NEWPORT NEWS, VA 236011259
6020 CHESTNUT AVE, NEWPORT NEWS, VA 236052024
217 MIDDLE ST, SMITHFIELD, VA 234301016
191 LOCHAVEN DR, NEWPORT NEWS, VA 236027002
102 MARQUIS DR, COATESVILLE, PA 193203072
390 COTTONWOOD AVE B UNIT, HAMPTON, VA 236612552

(d) Phone Numbers:
i.
ii.
iii.
iv.
v.
vi.

757 8127660
757 2420672
757 5250614
757 3586263
757 8499475
757 2470486

(e) Educational Records

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 28 of 60 PageID# 28

ADRIAN RICKS
Student Details:
Date of Birth: XXXXXXXX Age: 28
Gender: MALE
Address: 170 ANNETTE CT, NEWPORT NEWS, VA 23601 1259
County: NEWPORT NEWS CITY
Latitude: 37.090410 Longitude: 76.455840
Address Type: HIGHRISE DWELLING Phone Number:
College/School Details:
Year of Graduation: 13
Income Level: $50,000-$59,999

(f) Business Association Records:
i.

ii.

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 -2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address:
Phone Number: 4849085895
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

iii.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 29 of 60 PageID# 29

Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024
iv.

vi.

vii.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 30 of 60 PageID# 30

(g) Motor Vehicle Registration Records:
i.

(h) Department of Driver Services records:
i.

(i) Insurance Policy Records:
i.

Social Security Number:
Date Of Birth: 7/XX/1995
Gender: Male
Driver's License Number: XXXXX3827
Driver's License State: Virginia
Insurance Type: Personal Auto
Relationship: Primary Policyholder
Current Term Start Date: 03/27/2018
Current Term End Date: 05/25/2018
Number of Policy Lapses: 1
Policyholder Cancellation Date: 05/25/2018
Policy Details:
Carrier: INTEGON GENERAL INSU AMBest
Number: 002459

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 31 of 60 PageID# 31

National Association of Insurance Commissioner's Number: 22780
Number: 2006300889
Inception Date: 03/27/2018
State: Virginia Start Date: 03/27/2018
Type: Auto End Date: 03/27/2019
Details:
Make: CHEV
Vehicle Current Term Start Date: 03/27/2018
Year: 1994
Vehicle Cancelled Date: 05/25/2018
VIN: 1G1BL52W4RR198286
Vehicle Current Term End Date: 05/25/2018
ii.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 32 of 60 PageID# 32

Vehicle Current Term End Date: 03/03/2020
Details:
Make: KIA
Vehicle Current Term Start Date: 03/03/2020
Year: 2003
Vehicle Cancelled Date: 07/09/2020
VIN: KNADC125536232177
Vehicle Current Term End Date: 07/09/2020
Auto Coverage: Yes
113.

In response to Plaintiff’s November 2023 dispute, Defendant failed to delete the

thirty-nine (39) records and information disputed by Plaintiff.
114.

In response to Plaintiff’s November 2023 dispute, Defendant failed to delete all

inquiries disputed by Plaintiff.
115.

Defendant failed to conduct a reasonable investigation of Plaintiff’s November

2023 dispute, or any reinvestigation whatsoever, to determine whether the disputed information
was inaccurate and record the current status of the disputed information, in violation of 15 U.S.C.
§ 1681i(a)(1)(A).
116.

Thereafter, Defendant failed to unmix Plaintiff’s consumer file from that of the

other consumer and likely Defendant continued to report the other consumer’s information to
Plaintiff’s consumer file.
117.

Defendant violated 15 U.S.C. § 1681e(b) by failing to establish or to follow

reasonable procedures to assure maximum possible accuracy of the credit information it published
and maintained concerning Plaintiff.
Plaintiff’s April 2024 Dispute to Defendant
118.

On or about April 1, 2024, worried that the continued inaccurate reporting by

Defendant would severely impact her creditworthiness, Plaintiff sent a dispute letter to Defendant

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 33 of 60 PageID# 33

via certified mail and disputed the inaccuracies. In addition to the items previously identified,
Plaintiff also disputed additional information that did not belong to her. Specifically, Plaintiff
disputed the following:
(a) Emails:
i.
ii.
iii.
iv.
v.
vi.

JJOSEPHRICKS@YAHOO.COM
RICKSN39@GMAIL.COM
REESEPCPKR@GMAIL.COM
JAYRICKS1886@YAHOO.COM
MISPARKER5@GMAIL.COM
RICKS_ADRIANNA@YAHOO.COM

(b) Phone Numbers:
i.
ii.
iii.
iv.

4849085895
757 2420672
757 5250614
757 8499475

(d) Business Association Records:
i.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 34 of 60 PageID# 34

Business Details:
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024
ii.

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 -2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address:
Phone Number: 4849085895
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

iii.

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address:
Phone Number: 4849085895
Cell Phone:
Business Details:
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

iv.

JOHN ROCK
Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661-2552
Phone Number: 4849085895
Business Details:
Title/Role:

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 35 of 60 PageID# 35

Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661-2552
Business Phone Number: 7578750404
vi.

vii.

(e) Motor Vehicle Registration Records:
i.

RECORD 1
Motor Vehicle Details:
State: VA VIN: 1G6DM577X40161437
Year: 2004 Make: CADILLAC
Series: Model: CTS
Body: SEDAN Net Weight:
Gross Weight: Vehicle Use:
Type: PASSENGER CAR/LIGHT TRUCK Major Color:
Minor Color: Model Year: 2004
Model Class: Number of Doors:
Driver Airbag: Driver Side Airbag:
Head Curtain Airbag: Front Passenger Airbag:
Front Passenger Side Airbag: Airbags:

ii.

RECORD 2
Name: MR ADRIAN J RICKS
Address: 5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605 ? 2022
Latitude: 37.009029 Longitude: ?76.419510
35

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 36 of 60 PageID# 36

Motor Vehicle Details:
Date of Birth: Gender: M
License State: Original Registration Date:
Earliest Registration Renewal Date: Latest Registration Renewal Date:
Registration Expiration Date: Decal Number:
License Plate Number: License Plate Description:
Previous License State: Previous License Plate Number:
Title Number: Earliest Title Issue Date:
Latest Title Issue Date: Previous Title Issue Date:
Title Status: Odometer Mileage:
(f) Marketing Records
i.

RECORD 2 MR ADRIAN RICKS
Date of Birth:
Address: 161 ROSE CT APT 10, NEWPORT NEWS, VA 23601 ? 1226
County: NEWPORT NEWS
Phone Number:

ii.

RECORD 3
MR ADRIAN RICKS
Date of Birth:
Address: 27 RIVERLANDS DR APT F, NEWPORT NEWS, VA 23605 ?
3530
County: NEWPORT NEWS
Phone Number:

iii.

RECORD 4
MR ADRIAN RICKS
Date of Birth: Address: 27 RIVERLANDS DR, NEWPORT NEWS, VA
23605 ? 3530
County: NEWPORT NEWS
Phone Number:

iv.

RECORD 5
MR ADRIAN RICKS
Date of Birth:
Address: 27 RIVERLANDS DR, NEWPORT NEWS, VA 23605 ? 3530
County: NEWPORT NEWS
Phone Number: 7572470486

RECORD 6
MR ADRIAN RICKS
Date of Birth: XXXXXXXX
36

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 37 of 60 PageID# 37

Address: 5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605 ? 2022
County: NEWPORT NEWS
Phone Number:

vi.

RECORD 7
MR ADRIANNA RICKS
Date of Birth:
Address: 5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605 ? 2022
County: NEWPORT NEWS
Phone Number:

vii.

RECORD 8
MR ADRIAN JOSEPH RICKS
Date of Birth:
Address: 5904 CHESTNUT AVE, NEWPORT NEWS, VA 23605 ? 2022
County: NEWPORT NEWS
Phone Number: 7572445151

viii.

RECORD 9
MR ADRIANNA RICK
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 ? 2024
County: NEWPORT NEWS
Phone Number:

ix.

RECORD 10
MR ADRIAN RICKS
Date of Birth: XXXXXXXX
Address: 170 ANNETTE CT APT 8, NEWPORT NEWS, VA 23601 ? 1259
County: NEWPORT NEWS
Phone Number:

RECORD 11
MR ADRIAN RICKS
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, NEWPORT NEWS, VA 23602 ? 6560
County: NEWPORT NEWS
Phone Number:

xi.

RECORD 12
MR ADRIAN RICKS
Date of Birth:
Address: 114 KENNETH CT, NEWPORT NEWS, VA 23602 ? 6560

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 38 of 60 PageID# 38

County: NEWPORT NEWS
Phone Number:
xii.

RECORD 13
MR ADRIAN RICKS
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, NEWPORT NEWS, VA 23602 ? 6560
County: NEWPORT NEWS
Phone Number: 7578127660

xiii.

RECORD 14
ADRIAN RICKS
Date of Birth:
Address: 114 KENNETH CT, NEWPORT NEWS, VA 23602 ? 6560
County: NEWPORT NEWS
Phone Number: 7578127660

xiv.

RECORD 15
ADRIAN RICKS
Date of Birth:
Address: 114 KENNETH CT, NEWPORT NEWS, VA 23602 ? 6560
County: NEWPORT NEWS
Phone Number:

(g) ID Analytics:
i.

RECORD 8
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 161 ROSE CT APT 10, 23601 ? 1226
Phone Number 1: 7574056817
Phone Number 2:
Phone Number 3:
Email: IP Address: Application Date: 20191124

ii.

RECORD 10
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 161 ROSE CT APT 10, 23601 ? 1226
Phone Number 1: 7574056817
Phone Number 2:
Phone Number 3: 7574056817
Email: IP Address:
Application Date: 20190401

iii.

RECORD 11

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 39 of 60 PageID# 39

Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 161 ROSE CT APT 10, 23601 ? 1226
Phone Number 1: 7574056817
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20190204
iv.

RECORD 12
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 162 ROSE CT APT 10, 23601 ? 1227
Phone Number 1: 7574856817
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20190124

RECORD 14
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 161 ROSE CT APT 10, 23601 ? 1226
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20180411

vi.

RECORD 15
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 170 ANNETTE CT APT 8, 23601 ? 1259
Phone Number 1: 7574056817
Phone Number 2: 7574056817
Phone Number 3:
Email: IP Address:
Application Date: 20180322

vii.

RECORD 30
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 27 RIVERLANDS DR, 23605 ? 3530
Phone Number 1:
Phone Number 2:
Phone Number 3:

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 40 of 60 PageID# 40

Email: IP Address:
Application Date: 20161209
viii.

RECORD 31
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 5904 CHESTNUT AVE, 23605 ? 2022
Phone Number 1: 7574056817
Phone Number 2:
Phone Number 3: 7574056817
Email: IP Address:
Application Date: 20161014

ix.

RECORD 32
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 5904 CHESTNUT AVE, 23605 ? 2022
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20160713

RECORD 33
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 5904 CHESTNUT AVE, 23605 ? 2022
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20150126

xi.

RECORD 35
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1: 7572367533
Phone Number 2: 7572367533
Phone Number 3:
Email: IP Address:
Application Date: 20140623

xii.

RECORD 36

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 41 of 60 PageID# 41

Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1: 7572367533
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20140406
xiii.

RECORD 37
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20140331

xiv.

RECORD 40
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1: 7573586263
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20140221

xv.

RECORD 41
Name: ADRIAN
Date of Birth:
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1: 7572367533
Phone Number 2:
Phone Number 3:
Email: RBESEPCPKR@GMAIL.COM
IP Address:
Application Date: 20140211

xvi.

RECORD 42
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 42 of 60 PageID# 42

Phone Number 1:
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20130916
xvii.

RECORD 43
Name: ADRIAN
Address:
Latitude: 37.016352
Longitude: ?76.437528
Phone Number: 7572470486

xviii.

RECORD 44
Name: ADRIAN
Address:
Latitude: 37.107100
Longitude: ?76.531400
Phone Number: 7578127660

xix.

RECORD 45
Name: ADRIAN
Address:
Latitude: 37.104457
Longitude: ?76.530457
Phone Number:

xx.

RECORD 46
Name: ADRIAN
Address:
Latitude: 37.104455
Longitude: ?76.530448
Phone Number:

(h) Insurance Policy Records:
i.

RECORD 2
Policy Details:
Carrier: INTEGON GENERAL INSU AMBest Number: 002459
National Association of Insurance Commissioner's Number: 22780
Number: 2009076275 Inception Date: 02/27/2020
State: Virginia Start Date: 02/27/2020
Type: Auto End Date: 02/27/2021

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 43 of 60 PageID# 43

119.

In addition to the disputed information that Defendant failed to delete after its

unreasonable investigation of Plaintiff’s November 2023 dispute, Plaintiff disputed five (5)
additional inquiries that she did not recognize.
(a) Date of Inquiry: November 6, 2023
CORELOGIC CREDCO LLC
(b) Date of Inquiry: October 27, 2023
INFORMATIVE RESEARCH I
(c) Date of Inquiry: July 8, 2022
JPMCB CARD
(d) Date of Inquiry: May 26, 2022
COMENITYBANK/VICSECRMC
(e) Date of Inquiry: April 23, 2022
COMENITYBANK/VICSECRMC
120.

Along with her dispute letter, Plaintiff enclosed a copy of her driver’s license to

better assist Defendant in identifying her in its system.
121.

Plaintiff requested that Defendant reinvestigate the disputed information, correct

the reporting, and send her a corrected copy of her consumer report.
Defendant’s Unreasonable Dispute Reinvestigation May 2024
122.

On or about April 16, 2024, Defendant received Plaintiff’s dispute.

123.

Thereafter, in May 2024, Plaintiff received two dispute response letters from

Defendant, each dated May 16, 2024.
124.

In one of the dispute response letters, Defendant informed Plaintiff that it confirmed

the insurance policy record as “accurate.”
125.

In the second dispute response letter, Defendant informed Plaintiff that it was

unable not able to locate the additional five (5) unrecognized inquiries in Plaintiff’s consumer file

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 44 of 60 PageID# 44

and requested that Plaintiff submit additional supporting documents showing the inquiries in
question.
126.

Concerned about the state of her consumer file and Defendant’s dispute response,

Plaintiff obtained another copy of her consumer file from Defendant.
127.

On or about May 16, 2024, Plaintiff reviewed a copy of her consumer file from

Defendant.
128.

Upon reviewing the contents of the May 16, 2024, consumer file, Plaintiff was

distressed to see that Defendant was still reporting information belonging to both her brother and
a different consumer to Plaintiff’s consumer file.
129.

In response to Plaintiff’s May 2024 dispute, Defendant only deleted the following

disputed information: three (3) disputed phone records and five (5) email record.
130.

Further, Defendant did not delete the disputed business association, marketing, ID

Analytics, and insurance policy records.
131.

Specifically, Defendant was still reporting the following disputed information

which does not belong to Plaintiff:
(a) Emails:
i.
JJOSEPHRICKS@YAHOO.COM
ii. RICKSN39@GMAIL.COM
iii. REESEPCPKR@GMAIL.COM
iv.
JAYRICKS1886@YAHOO.COM
v.
MISPARKER5@GMAIL.COM
vi.
RICKS_ADRIANNA@YAHOO.COM
(b) Phone Numbers:
i.
4849085895
(c) Educational Records
i.
ADRIAN RICKS
Student Details:
Date of Birth: XXXXXXXX Age: 28
Gender: MALE

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 45 of 60 PageID# 45

Address: 170 ANNETTE CT, NEWPORT NEWS, VA 23601 1259
County: NEWPORT NEWS CITY
Latitude: 37.090410 Longitude: 76.455840
Address Type: HIGHRISE DWELLING Phone Number:
College/School Details:
Year of Graduation: 13
Income Level: $50,000-$59,999
(d) Business Association Records:
i.
Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address: 172.58.152.126
Phone Number: 4849085895
Cell Phone:
Business Details:
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024
ii.

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 -2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address:
Phone Number: 4849085895
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

iii.

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605-2024
Latitude: 37.011140 Longitude: -76.420710
Email: RICKSN39@GMAIL.COM
IP Address:
Phone Number: 4849085895
Cell Phone:
Business Details:
Business Phone Number: 7578750404
Address: 6020 CHESTNUT AVE, NEWPORT NEWS, VA 23605 – 2024

iv.

Name: MS ADRIANNA RICKS
Date of Birth: XXXXXXXX
Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661-2552

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 46 of 60 PageID# 46

Latitude: 37.001210 Longitude: -76.391520
Email: RICKSN39@GMAIL.COM
IP Address: 172.58.152.126
Phone Number: 4849085895
Cell Phone:
Business Details:
Business Phone Number: 7578750404
Address: 390 COTTONWOOD AVE B, HAMPTON, VA 23661 – 2552
v.

vi.

vii.

(e) ID Analytics:
i.
RECORD 8
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 161 ROSE CT APT 10, 23601 ? 1226
Phone Number 1: 7574056817
Phone Number 2:

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 47 of 60 PageID# 47

Phone Number 3:
Email: IP Address: Application Date: 20191124
ii.

iii.

RECORD 11
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 161 ROSE CT APT 10, 23601 ? 1226
Phone Number 1: 7574056817
Phone Number 2:
Phone Number 3:
Email:
IP Address:
Application Date: 20190204

iv.

RECORD 12
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 162 ROSE CT APT 10, 23601 ? 1227
Phone Number 1: 7574856817
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20190124

RECORD 14
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 161 ROSE CT APT 10, 23601 ? 1226
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20180411

vi.

RECORD 15
Name: ADRIAN

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 48 of 60 PageID# 48

Date of Birth: XXXXXXXX
Address: 170 ANNETTE CT APT 8, 23601 ? 1259
Phone Number 1: 7574056817
Phone Number 2: 7574056817
Phone Number 3:
Email: IP Address:
Application Date: 20180322
vii.

RECORD 30
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 27 RIVERLANDS DR, 23605 ? 3530
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email:
IP Address:
Application Date: 20161209

viii.

ix.

RECORD 32
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 5904 CHESTNUT AVE, 23605 ? 2022
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email:
IP Address:
Application Date: 20160713

RECORD 33
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 5904 CHESTNUT AVE, 23605 ? 2022
Phone Number 1:
Phone Number 2:

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 49 of 60 PageID# 49

Phone Number 3:
Email: IP Address:
Application Date: 20150126
xi.

xii.

RECORD 36
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1: 7572367533
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20140406

xiii.

RECORD 37
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email: IP Address:
Application Date: 20140331

xiv.

RECORD 40
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1: 7573586263
Phone Number 2:
Phone Number 3:
Email:
IP Address:
Application Date: 20140221

xv.

RECORD 41

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 50 of 60 PageID# 50

Name: ADRIAN
Date of Birth:
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1: 7572367533
Phone Number 2:
Phone Number 3:
Email: RBESEPCPKR@GMAIL.COM
IP Address:
Application Date: 20140211
xvi.

RECORD 42
Name: ADRIAN
Date of Birth: XXXXXXXX
Address: 114 KENNETH CT, 23602 ? 6560
Phone Number 1:
Phone Number 2:
Phone Number 3:
Email:
IP Address:
Application Date: 20130916

xvii.

RECORD 43
Name: ADRIAN
Address:
Latitude: 37.016352
Longitude: ?76.437528
Phone Number: 7572470486

xviii.

RECORD 44
Name: ADRIAN
Address:
Latitude: 37.107100
Longitude: ?76.531400
Phone Number: 7578127660

xix.

RECORD 45
Name: ADRIAN
Address:
Latitude: 37.104457
Longitude: ?76.530457
Phone Number:

xx.

RECORD 46
Name: ADRIAN
Address:
Latitude: 37.104455

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 51 of 60 PageID# 51

Longitude: ?76.530448
Phone Number:
(f) Insurance Policy Records:
i.
RECORD 2
Policy Details:
Carrier: INTEGON GENERAL INSU AMBest Number: 002459
National Association of Insurance Commissioner's Number: 22780
Number: 2009076275 Inception Date: 02/27/2020
State: Virginia Start Date: 02/27/2020
Type: Auto End Date: 02/27/2021
132.

In response to Plaintiff’s April 2024 dispute, Defendant failed to delete the thirty-

six (36) records and information disputed by Plaintiff.
133.

Defendant failed to conduct a reasonable investigation of Plaintiff’s April 2024

dispute, or any reinvestigation whatsoever, to determine whether the disputed information was
inaccurate and record the current status of the disputed information, in violation of 15 U.S.C. §
1681i(a)(1)(A).
134.

Thereafter, and upon information and belief, Defendant failed to unmix Plaintiff’s

consumer file from that of her twin brother and the other consumer and likely Defendant continued
to report the other consumer’s information to Plaintiff’s consumer file.
135.

Defendant violated 15 U.S.C. § 1681e(b) by failing to establish or to follow

reasonable procedures to assure maximum possible accuracy of the credit information it published
and maintained concerning Plaintiff.
136.

As a result of Defendant’s conduct, action, and inaction, Plaintiff suffered damages

including but not limited to, the loss of her right to keep her private financial information
confidential; the loss of her right to information about who was viewing her private financial
information and how her private financial information was improperly implicated in the credit
applications of another; damage by loss of credit; loss of ability to purchase and benefit from her

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 52 of 60 PageID# 52

good credit rating; detriment to her credit rating; the expenditure of time and money disputing and
trying to correct the inaccurate credit reporting; the expenditure of labor and effort disputing and
trying to correct the inaccurate credit reporting; and emotional distress including the mental and
emotional pain, anguish, humiliation, and embarrassment of credit denials and having another
consumer’s personally identifying information and credit information, including inquiries, mixed
into Plaintiff’s consumer file.
Plaintiff Sustained Damages as a Result of LexisNexis’ Inaccurate Reporting
137.

As a result of LexisNexis’ conduct, Plaintiff sustained severe emotional distress.

Specifically, Plaintiff has spent an inordinate amount of time dealing with the stress and anxiety
caused by the false reporting from LexisNexis.
138.

Plaintiff has suffered from countless nights of poor sleep, no sleep, or interrupted

sleep as her mind frequently drifts to thoughts of the issues with her LexisNexis report, future
issues caused by LexisNexis, and/or other related matters.
139.

Plaintiff has spent countless hours trying to correct her LexisNexis consumer file

and suffered an enormous amount of stress associated with the inaccurate reporting.
140.

Plaintiff was anxious and frustrated because she did not know how to correct her

LexisNexis report.
141.

Upon information and belief, because Defendant continues to mix Plaintiff’s

consumer file with that of her twin brother and the unrelated consumer, Defendant continues to
sell Plaintiff’s consumer file in response to applications and inquiries pertaining to the unrelated
consumer.
142.

As a result of the “mixed file,” Defendant made it practically impossible for

Plaintiff to obtain credit.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 53 of 60 PageID# 53

143.

At all times pertinent hereto, Defendant was acting by and through their 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 the Defendant herein.
144.

At all times pertinent hereto, Defendant’s conduct, as well as that of its respective

agents, servants, and/or employees, was intentional, willful, reckless, grossly negligent and in utter
disregard for federal law and the rights of Plaintiff herein.
145.

Defendant is aware of the shortcomings of its procedures and intentionally chooses

not to comply with the FCRA to lower its costs. Accordingly, Defendant’s violations of the FCRA
are willful.
146.

As a result of Defendant’s conduct, action, and inaction, Plaintiff suffered injuries

resulting in damages including but not limited to, the loss of her right to keep her private financial
information confidential; the loss of her right to information about who was viewing her private
financial information and how her private financial information was improperly implicated in the
credit applications of another; damage by loss of credit; loss of ability to purchase and benefit from
her good credit rating; detriment to her credit rating; the expenditure of time and money disputing
and trying to correct the inaccurate credit reporting; the expenditure of labor and effort disputing
and trying to correct the inaccurate credit reporting; and emotional distress including the mental
and emotional pain, anguish, humiliation, and embarrassment of credit denials and having another
consumer’s personally identifying information and credit information, including inquiries, mixed
into Plaintiff’s consumer file.

///

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 54 of 60 PageID# 54

CLAIMS FOR RELIEF
COUNT I
15 U.S.C. § 1681e(b)
Failure to Follow Reasonable Procedures to Assure Maximum Possible Accuracy
147.

Plaintiff re-alleges and incorporates by reference the allegations set forth in

preceding paragraphs as if fully stated herein.
148.

The FCRA imposes a duty on consumer reporting agencies to devise and implement

procedures to ensure the “maximum possible accuracy” of consumer reports, as follows:
(g) Whenever a consumer reporting agency prepares a consumer report, it shall
follow reasonable procedures to assure maximum possible accuracy of the
information concerning the individual about whom the report relates.
15 U.S.C. §1681e(b) (emphasis added).
149.

On at least one occasion, Defendant prepared patently false consumer reports

concerning Plaintiff.
150.

Defendant mixed another consumer’s personal and credit account information into

Plaintiff’s consumer file, thereby misrepresenting Plaintiff, and ultimately, Plaintiff’s
creditworthiness.
151.

Defendant violated 15 U.S.C. § 1681e(b) by failing to establish or to follow

reasonable procedures to assure maximum possible accuracy in the preparation of the consumer
reports and consumer files it published and maintained concerning Plaintiff.
152.

Upon information and belief, Defendant has been sued or received disputes from

other consumers in the past who have alleged its procedures were unreasonable and violative of
the FCRA.
153.

Therefore, Defendant had actual notice of its deficient procedures.

154.

In this case, however, Defendant received actual notice that its procedures were

unreasonable as applied to Plaintiff.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 55 of 60 PageID# 55

155.

It is wholly unreasonable to maintain procedures that allow for reporting of a mixed

file despite disputes from the consumer.
156.

Specifically, it was wholly unreasonable for Defendant to report a majority of

consumer information about another individual entirely in consumer reports concerning Plaintiff.
Moreover, it is wholly unreasonable that Defendant continues to report another person’s consumer
information in consumer reports concerning Plaintiff after Plaintiff disputed the inaccurate report
two times.
157.

As a result of Defendant failure to maintain reasonable procedures to ensure

maximal accuracy of Plaintiff’s consumer information, Plaintiff suffered injuries resulting in
damages including but not limited to, the loss of her right to keep her private financial information
confidential; the loss of her right to information about who was viewing her private financial
information and how her private financial information was improperly implicated in the credit
applications of another; damage by loss of credit; loss of ability to purchase and benefit from her
good credit rating; detriment to her credit rating; the expenditure of time and money disputing and
trying to correct the inaccurate credit reporting; the expenditure of labor and effort disputing and
trying to correct the inaccurate credit reporting; and emotional distress including the mental and
emotional pain, anguish, humiliation, and embarrassment of credit denials and having another
consumer’s personally identifying information and credit information, including inquiries, mixed
into Plaintiff’s consumer file.
158.

Defendant’s conduct, actions, and inactions was willful, rendering them liable for

actual or statutory damages, and punitive damages in an amount to be determined by the Court
pursuant to 15 U.S.C. § 1681n. Alternatively, Defendant was negligent, entitling Plaintiff to
recover under 15 U.S.C. § 1681o.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 56 of 60 PageID# 56

159.

Plaintiff is entitled to recover attorneys’ fees and costs from Defendant in an

amount to be determined by the Court pursuant to 15 U.S.C. § 1681n and/or § 1681o.
COUNT II
15 U.S.C. § 1681i
Failure to Perform a Reasonable Reinvestigation
160.

Plaintiff re-alleges and incorporates by reference the allegations set forth in

preceding paragraphs as if fully stated herein.
161.

The FCRA mandates that Defendant conduct a reasonable reinvestigation of the

accuracy of information “[i]f the completeness or accuracy of any item of information contained
in a consumer’s file” is disputed by the consumer. See 15 U.S.C. § 1681i(a)(1). The FCRA
imposes a 30-day time limit for the completion of such an investigation. Id.
162.

The FCRA provides that if Defendant conducts its reinvestigation of disputed

information and confirms that the information is, in fact, inaccurate or it is unable to otherwise
verify the accuracy of the disputed information, it is required to delete the item of information
from the consumer’s file. See 15 U.S.C. § 1681i(a)(5)(A).
163.

Plaintiff initiated a dispute with Defendant and disputed inaccurate information

reporting in her consumer file and requested that Defendant correct and/or delete the inaccurate,
misleading, and highly damaging information belonging to a different consumer.
164.

Defendant failed to conduct an investigation of Plaintiff’s dispute, or such

investigation, if any, was so unreasonable as to allow patently false and highly damaging
information to remain in Plaintiff’s consumer file.
165.

Defendant violated 15 U.S.C. § 1681i by failing to conduct a reasonable

reinvestigation to determine whether the disputed information was inaccurate and record the
current status of the disputed information, or delete the disputed information, before the end of the
30-day period beginning on the date on which it received notice of Plaintiff’s dispute; and by

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 57 of 60 PageID# 57

failing to maintain reasonable procedures with which to filter and verify information in Plaintiff’s
consumer files.
166.

As a result of Defendant’s conduct, action, and inaction, Plaintiff suffered injuries

Upon information and belief, Defendant knew or should have known about its

obligations under the FCRA. These obligations are well-established in the plain language of the
FCRA, promulgations made by the Federal Trade Commission (FTC) and Consumer Financial
Protection Bureau (CFPB), and in well-established case law.
168.

Therefore, Defendant acted consciously in failing to adhere to its obligations under

the FCRA.
169.

Defendant’s conduct, actions, and inactions was willful, rendering them liable for

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 58 of 60 PageID# 58

170.

Plaintiff is entitled to recover attorneys’ fees and costs from Defendant in an

amount to be determined by the Court pursuant to 15 U.S.C. § 1681n and/or § 1681o.
COUNT III
15 U.S.C. § 1681b(a)
Furnishing a Credit Report Without a Permissible Purpose
(Third Claim for Relief Against Defendant LexisNexis)
171.

Plaintiff re-alleges and incorporates by reference the allegations set forth in

preceding paragraphs as if fully stated herein.
172.

This action involves the willful, knowing, and/or negligent violation of the FCRA

relating to the dissemination of consumer credit and other financial information.
173.

Plaintiff is a “consumer” as defined by the FCRA.

174.

Defendant is a consumer reporting agency that furnishes consumer reports as

defined and contemplated by the FCRA.
175.

The FCRA prohibits any consumer reporting agency from furnishing a consumer

report unless it has a permissible purpose enumerated under the FCRA, 15 U.S.C. § 1681b(a).
176.

On multiple occasions, Defendant furnished Plaintiff’s consumer report to various

entities without a permissible purpose in response to credit applications of another, which did not
involve Plaintiff, and which Defendant therefore had no reason to believe that those various creditissuing entities intended to use Plaintiff’s credit information in connection with a credit transaction
involving Plaintiff, in violation of 15 U.S.C. § 1681b(a).
177.

Defendant violated 15 U.S.C. § 1681b(a) by selling Plaintiff’s consumer report to

third parties, whom did not have a permissible purpose to Plaintiff’s consumer report, in relation
to the credit application of a different consumer.
178.

As a result of Defendant’s conduct, action, and inaction, Plaintiff suffered injuries

resulting in damages including but not limited to, the loss of her right to keep her private financial

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 59 of 60 PageID# 59

information confidential; the loss of her right to information about who was viewing her private
financial information and how her private financial information was improperly implicated in the
credit applications of another; damage by loss of credit; loss of ability to purchase and benefit from
her good credit rating; detriment to her credit rating; the expenditure of time and money disputing
and trying to correct the inaccurate credit reporting; the expenditure of labor and effort disputing
and trying to correct the inaccurate credit reporting; and emotional distress including the mental
and emotional pain, anguish, humiliation, and embarrassment of credit denials and having another
consumer’s personally identifying information and credit information, including inquiries, mixed
into Plaintiff’s consumer file.
179.

Defendant’s conduct, actions, and inactions was willful, rendering them liable for

Plaintiff is entitled to recover attorneys’ fees and costs from Defendant in an

amount to be determined by the Court pursuant to 15 U.S.C. § 1681n and/or § 1681o.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for the following relief:
i.

Determining that Defendant negligently and/or willfully violated the FCRA;

ii.

Awarding Plaintiff actual, statutory, and punitive damages as provided by the FCRA;

iii.

Awarding Plaintiff reasonable attorneys’ fees and costs as provided by the FCRA; and,

iv.

Granting further relief, in law or equity, as this Court may deem appropriate and just.

DEMAND FOR JURY TRIAL
Plaintiff is entitled to and hereby demands a trial by jury on all issues so triable.

Case 4:24-cv-00139-EWH-RJK Document 1 Filed 11/21/24 Page 60 of 60 PageID# 60

Respectfully Submitted,
Adrianna Nicole Ricks
______/s/________
Susan Mary Rotkis, VSB 40693
CONSUMER ATTORNEYS
2290 East Speedway Blvd.
Tucson, AZ 85719
Telephone: (602) 847-1504
Fax: (602) 847-1504
Email: srotkis@consumerattorneys.com
Attorney for Plaintiff
Adrianna Nicole Ricks

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