MIAMI – A Miami-Dade County man alleges he cannot obtain credit on favorable terms because of false information reported on his credit report.
Jose A. Fernandez filed a complaint on March 27 in the U.S. District Court for the Southern District of Florida, Miami Division against DirecTV LLC, IC System Inc. and Equifax Inc. citing the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that in January 2016, he discovered that DirecTV placed a negative trade line on his credit reports but the plaintiff has never had service or an account with it. The suit states he disputed the entry and it was eventually removed from his credit report.
The suit states that on or about Jan. 11, IC System sent plaintiff a letter to collect the alleged debt from DirecTV and also reported it to Equifax, which he disputed.
He alleges he is now "locked out" of the credit market and cannot obtain credit on the most favorable terms because of the defendants' actions.
The plaintiff holds DirecTV LLC, IC System Inc. and Equifax Inc. responsible because the defendants allegedly failed to properly evaluate or consider information, claims or evidence about the alleged account, failed to establish or verify the accuracy of the debt, and failed to delete inaccurate information in plaintiff's credit file.
The plaintiff requests a trial by jury and seeks judgment in favor for actual damages, statutory damages, attorney’s fees, litigation expenses and costs of suit, and further relief as the court deems proper. He is represented by Christopher W. Legg and Matthew Buchwald of Buchwald Legg PLLC in Hollywood.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:17-cv-21138