Andre Jr. Andre JR.: Trialattorney. Trialattorney

Case 2:12-cv-05001-MMM-SH Document 1 Filed 06/07/12 Page 1 of 16 Page ID #:3
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ALAN PHELPS
2 TrialAttorney. '
Consumer ProtectIOn Branch
3 U;S. Oenart1l1ent of Justice
POBox 386
4 Washingtori, DC 20044 ,
Teleph9ne: '202:-307-6154
5 FaCSImIle: 202.,.514-8742
E-mail: [email protected]
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ANDRE I3IROTTE
i
JR.
i -Unitedc States Attorney
Central'DistiicfofCalifornia
8 LEE WEIDMAN AUSA
Chief Civil Division -
9 WENOYWEISS,AUSA
Chief, Ch:il J:rauds Se9tion.
10 Central District of CalIfornia
California State Bar No: 181073
11 Room 7516, Federal Building
300 North Los Angeles Street
12 Los Angeles, CA 90012
Telephone: 894-0444
13 FacSImile: 13) 894-2380
E-mail: wen [email protected]
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Attorneys for Plaintiff
15 THE UNITED STATES OF AMERICA
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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff,
v.
COMPLAINT FOR CIVIL
PENALTIES, INJUNCTION
22 AND OTHER RELIEF
23 SPOKEO, INC.,
24 Defendant.
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26 Plaintiff, the United States of America, acting upon notification and
27 authorization to the Attorney General by the Federal Trade Commission
28 ("FTC" or"Commission"), for its Complaint alleges that:
Complaint Page 1 of 12
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1
ALAN PHELPS
2 TrialAttorney. '
Consumer ProtectIOn Branch
3 U;S. Oenart1l1ent of Justice
POBox 386
4 Washingtori, DC 20044 ,
Teleph9ne: '202:-307-6154
5 FaCSImIle: 202.,.514-8742
E-mail: [email protected]
6
ANDRE I3IROTTE
i
JR.
i -Unitedc States Attorney
Central'DistiicfofCalifornia
8 LEE WEIDMAN AUSA
Chief Civil Division -
9 WENOYWEISS,AUSA
Chief, Ch:il J:rauds Se9tion.
10 Central District of CalIfornia
California State Bar No: 181073
11 Room 7516, Federal Building
300 North Los Angeles Street
12 Los Angeles, CA 90012
Telephone: 894-0444
13 FacSImile: 13) 894-2380
E-mail: wen [email protected]
14
Attorneys for Plaintiff
15 THE UNITED STATES OF AMERICA
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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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Plaintiff,
v.
COMPLAINT FOR CIVIL
PENALTIES, INJUNCTION
22 AND OTHER RELIEF
23 SPOKEO, INC.,
24 Defendant.
25
26 Plaintiff, the United States of America, acting upon notification and
27 authorization to the Attorney General by the Federal Trade Commission
28 ("FTC" or"Commission"), for its Complaint alleges that:
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1. Plaintiff brings this action under sections 5(a), 13(b), and 16(a) of
the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 45(a), 53(b), and
56(a); and section 621(a) of the Fair Credit Reporting Act ("FCRA"), 15
U.S.C. 1681s(a), to obtain monetary civil penalties, and injunctive or other
relief from Defendant for engaging in violations of the-FTC Act, 15U.S.C.
45(a), and the FCRA, 15 U.S.C. 1681 -,- 1681x.
JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction over this matter under
28 U.S.C. 1331, 1337(a), 1345, and 1355, and under 15 U.S.C. 45(a),
53(b), 56(a), and 1681s.
3. Venue in the United States District Court for the Central District
of Cali fomi a is proper under 15 U.S.C. 53(b) and under 28 U.S.C.
1391(b)-(c) and 1395(a).
PLAINTIFF
4. This action is brought by the United States of America on behalf
of the Federal Trade Commission. The Commission is an independent agency
of the United States government given statutory authority and responsibility by,
inter alia, the FTC Act, as amended, 15 U.S.C. 41-58, and the FCRA, 15
U.S.C. 1681-1681x. The Commission is charged, inter alia, with enforcing
Section 5(a) of the FTC Act, 15 U.S.C. 45(a), which prohibits unfair and
deceptive acts or practices in or affecting commerce; and the FCRA, which
imposes duties upon consumer reporting agencies.
DEFENDANT
5. Defendant Spokeo, Inc. ("Spokeo") is a privately-held Delaware
C-type corporation doing business in California. Spokeo has its principal place
of business at 199 South Los Robles Avenue, Suite 711, Pasadena, CA 9110l.
Spokeo transacts or has transacted u s i ~ e s s in this district and throughout the
United States.
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1. Plaintiff brings this action under sections 5(a), 13(b), and 16(a) of
the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 45(a), 53(b), and
56(a); and section 621(a) of the Fair Credit Reporting Act ("FCRA"), 15
U.S.C. 1681s(a), to obtain monetary civil penalties, and injunctive or other
relief from Defendant for engaging in violations of the-FTC Act, 15U.S.C.
45(a), and the FCRA, 15 U.S.C. 1681 -,- 1681x.
JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction over this matter under
28 U.S.C. 1331, 1337(a), 1345, and 1355, and under 15 U.S.C. 45(a),
53(b), 56(a), and 1681s.
3. Venue in the United States District Court for the Central District
of Cali fomi a is proper under 15 U.S.C. 53(b) and under 28 U.S.C.
1391(b)-(c) and 1395(a).
PLAINTIFF
4. This action is brought by the United States of America on behalf
of the Federal Trade Commission. The Commission is an independent agency
of the United States government given statutory authority and responsibility by,
inter alia, the FTC Act, as amended, 15 U.S.C. 41-58, and the FCRA, 15
U.S.C. 1681-1681x. The Commission is charged, inter alia, with enforcing
Section 5(a) of the FTC Act, 15 U.S.C. 45(a), which prohibits unfair and
deceptive acts or practices in or affecting commerce; and the FCRA, which
imposes duties upon consumer reporting agencies.
DEFENDANT
5. Defendant Spokeo, Inc. ("Spokeo") is a privately-held Delaware
C-type corporation doing business in California. Spokeo has its principal place
of business at 199 South Los Robles Avenue, Suite 711, Pasadena, CA 9110l.
Spokeo transacts or has transacted u s i ~ e s s in this district and throughout the
United States.
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COMMERCE
6. At all times relevant to this Complaint, Defendant has maintained
a substantial course of trade in or affecting commerce, as "commerce" is
defined in section 4 of the FTC Act, 15 U.S.C. 44.
THE FAIR CREDIT REPORTING ACT
7. The FCRA was enacted in 1970, became effective on April 25,
1971, and has: been in force since that date.
8. Section 621 of the FCRA, 15 U.S.C. 1681s, authorizes the
Commission to use all of its functions and powers under the FTC Act to
enforce compliance with the FCRA by all persons subject thereto except to the
extent that enforcement specifically is committed to some other governmental
agency, irrespective of whether the person is engaged in commerce or meets
any other jurisdictional tests set forth by the FTC Act.
VIOLATIONS OF THE FAIR CREDIT REPORTING ACT
9. Spokeo assembles consumer information from "hundreds of online
and offline sources," such as social networking sites, data brokers, and other
sources to create consumer profiles, which Defendant promotes as "coherent
people profiles" and "powerful intelligence." These consumer profiles identify
specific individuals and display such information as the individual's physical
address, phone number, marital status, age range, or email address, Spokeo
profiles are further organized by descriptive headers denoting, among other
22 things, a person's hobbies, ethnicity, religion, or participation on social
23 networking sites, and may contain photos or other information, such as
24 economic health graphics, that Spokeo attributes to a particular individual.
25 Among other things, Spokeo sells the profiles through paid subscriptions,
26 which provide a set number of searches based on subscription level, as well as
27 through Application Program Interfaces ("API") that provide customized
28 and/or higher volume access.
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COMMERCE
6. At all times relevant to this Complaint, Defendant has maintained
a substantial course of trade in or affecting commerce, as "commerce" is
defined in section 4 of the FTC Act, 15 U.S.C. 44.
THE FAIR CREDIT REPORTING ACT
7. The FCRA was enacted in 1970, became effective on April 25,
1971, and has: been in force since that date.
8. Section 621 of the FCRA, 15 U.S.C. 1681s, authorizes the
Commission to use all of its functions and powers under the FTC Act to
enforce compliance with the FCRA by all persons subject thereto except to the
extent that enforcement specifically is committed to some other governmental
agency, irrespective of whether the person is engaged in commerce or meets
any other jurisdictional tests set forth by the FTC Act.
VIOLATIONS OF THE FAIR CREDIT REPORTING ACT
9. Spokeo assembles consumer information from "hundreds of online
and offline sources," such as social networking sites, data brokers, and other
sources to create consumer profiles, which Defendant promotes as "coherent
people profiles" and "powerful intelligence." These consumer profiles identify
specific individuals and display such information as the individual's physical
address, phone number, marital status, age range, or email address, Spokeo
profiles are further organized by descriptive headers denoting, among other
22 things, a person's hobbies, ethnicity, religion, or participation on social
23 networking sites, and may contain photos or other information, such as
24 economic health graphics, that Spokeo attributes to a particular individual.
25 Among other things, Spokeo sells the profiles through paid subscriptions,
26 which provide a set number of searches based on subscription level, as well as
27 through Application Program Interfaces ("API") that provide customized
28 and/or higher volume access.
1 1 Q.. Since at least 2008, Spokeo has provided its consumer profiles to
2 businesses, including entities operating in the human resources ("HR"),
3 background screening, and recruiting industries, to serve as a factor in deciding
4 whether to interview ajob candidate or whether to hire a candidate after ajob
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interview.
Complaint
a. Spokeo entered into API user agreements with, and
provided high o l u ~ e access to, paying business customers,
including entities operating in the human resources,
background screening, and recruiting industries.
q. In its marketing and advertising, the company has promoted
. the use of its profiles as a factor in deciding whether to
interview ajob candidate or whether to hire a candidate
after ajob interview. Spokeo purchased thousands of online
advertising keywords including terms targeting employment
background checks, applicant.screening, and recruiting.
Spokeo ran online advertisements with taglines to attract
recruiters and encourage HR professionals to use Spokeo to
obtain information about job candidates' online activities.
c. Spokeo has affirmatively targeted companies operating in
the human resources, background screening, and recruiting
industries. It created a portion of its website intended
specifically for recruiters, which was available through a
dedicated click tab labeled "recruiters" that was prominently
displayed at the top of the Spokeo home page. Recruiters
were encouraged to "Explore Beyond the Resume." In
addition, Defendant promoted the Spokeo.comlHR URL to
recruiters in the media and in marketing to third parties, and
offered special subscription plans for its HR customers.
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1 1 Q.. Since at least 2008, Spokeo has provided its consumer profiles to
2 businesses, including entities operating in the human resources ("HR"),
3 background screening, and recruiting industries, to serve as a factor in deciding
4 whether to interview ajob candidate or whether to hire a candidate after ajob
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interview.
Complaint
a. Spokeo entered into API user agreements with, and
provided high o l u ~ e access to, paying business customers,
including entities operating in the human resources,
background screening, and recruiting industries.
q. In its marketing and advertising, the company has promoted
. the use of its profiles as a factor in deciding whether to
interview ajob candidate or whether to hire a candidate
after ajob interview. Spokeo purchased thousands of online
advertising keywords including terms targeting employment
background checks, applicant.screening, and recruiting.
Spokeo ran online advertisements with taglines to attract
recruiters and encourage HR professionals to use Spokeo to
obtain information about job candidates' online activities.
c. Spokeo has affirmatively targeted companies operating in
the human resources, background screening, and recruiting
industries. It created a portion of its website intended
specifically for recruiters, which was available through a
dedicated click tab labeled "recruiters" that was prominently
displayed at the top of the Spokeo home page. Recruiters
were encouraged to "Explore Beyond the Resume." In
addition, Defendant promoted the Spokeo.comlHR URL to
recruiters in the media and in marketing to third parties, and
offered special subscription plans for its HR customers.
Page 4 of 12
1 11. In 2010, Spokeo changed its website Terms of Service to state that
2 it was not a consumer reporting agency and that consumers may not use the
3 company's website or information for FCRA-covered purposes. However,
4 Spokeo railed to access to or otherwise ensure that existing, users,
5 including subscribers who may have joined Spokeo through its
6 Spokeo.comlHR page, or those who had previously purchased access to
7 profiles thrQugh API user agreements., did notuse the CQmpJlny's website or
-8 . information for FCRA-covered purposes.
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12. The consumer profiles Spokeo provides to third parties are
"consumer reports" as defined in section 603(d) of the FCRA, 15 U.S.C.
1681a(d):
any written, oral, or other communication of any
information by a consvmer rep' orting agel).cy
on a consumer's credIt wortlimess, credIt standmg
credit cap'acity, character, general reputation, personai
characteristics, or mode of living which is used or
expected to be used or collected in whole or in part for
the purpose of serving as a factor in establishmg the
consumer's eligibility for (A) credit or insurance to be
used primarily for persona1, family, or household
purposes; (B) e.mployment pU1]Joses; or (C) any other
purpose authorIzed under sectIOn 604.
Spokeo profiles are consumer reports because they bear on a consumer's
character, general reputation, personal characteristics, or mode of living and/or
other attributes listed in section 603( d), and are "used or expected to be used.
.. in whole or in part" as a factor in determining the consumer's eligibility for
employment or other purposes specified in section 604.
13. In providing "consumer reports" Spokeo is now and has been a
"consumer reporting agency" ("CRA") as that term is defined in section 603(t)
of the FCRA, 15 U.S.C. 1681a(t). That section defines a "consumer
reporting agency" as
Complaint
any person which, for monetary fees, dues, or on
coop,erativ!3 nonpr:ofit basis, regularly engap;es in
whole or m part III the practice of assemollng or
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1 11. In 2010, Spokeo changed its website Terms of Service to state that
2 it was not a consumer reporting agency and that consumers may not use the
3 company's website or information for FCRA-covered purposes. However,
4 Spokeo railed to access to or otherwise ensure that existing, users,
5 including subscribers who may have joined Spokeo through its
6 Spokeo.comlHR page, or those who had previously purchased access to
7 profiles thrQugh API user agreements., did notuse the CQmpJlny's website or
-8 . information for FCRA-covered purposes.
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12. The consumer profiles Spokeo provides to third parties are
"consumer reports" as defined in section 603(d) of the FCRA, 15 U.S.C.
1681a(d):
any written, oral, or other communication of any
information by a consvmer rep' orting agel).cy
on a consumer's credIt wortlimess, credIt standmg
credit cap'acity, character, general reputation, personai
characteristics, or mode of living which is used or
expected to be used or collected in whole or in part for
the purpose of serving as a factor in establishmg the
consumer's eligibility for (A) credit or insurance to be
used primarily for persona1, family, or household
purposes; (B) e.mployment pU1]Joses; or (C) any other
purpose authorIzed under sectIOn 604.
Spokeo profiles are consumer reports because they bear on a consumer's
character, general reputation, personal characteristics, or mode of living and/or
other attributes listed in section 603( d), and are "used or expected to be used.
.. in whole or in part" as a factor in determining the consumer's eligibility for
employment or other purposes specified in section 604.
13. In providing "consumer reports" Spokeo is now and has been a
"consumer reporting agency" ("CRA") as that term is defined in section 603(t)
of the FCRA, 15 U.S.C. 1681a(t). That section defines a "consumer
reporting agency" as
Complaint
any person which, for monetary fees, dues, or on
coop,erativ!3 nonpr:ofit basis, regularly engap;es in
whole or m part III the practice of assemollng or
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evaluating consumer credit information or other
info:pni;ltion on consumers for the purpose of
funllshmg consumer reports to .tl,11rd parp.es, and
whlCh uSes any means or faCIlIty of mtt:?rst.ate
commerce for tile purposeof preparmg or furnIshIng
consumer reports.
Spokeo regularly assembles "inforll1ation on consumers" into consumer reports
that it provides to third parties in interstate commerce, including companies in
. the hurnanresources, background atld recruiting industries.
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. Defendant is in the business of furnishing consumer reports to third parties that
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are "used or expected to be used" for "employment purposes."
14. Se.ction 607(a) Qfthe FCRA, 15 U.S.C. 1681e(a), requires CRAs
to maintain reasonable procedures to limit the furnishing of consumer reports
to the purposes specified in section 604, 15 U.S.C. 1681b. These procedures
require that the CRA, prior to furnishing a user with a consumer report, require
the prospective usets of the information to identify themselves to the CRA,
certify the purpose for which the information is sought, and certify that the
information will be used for no other purpose. The CRA must make a
reasonable effort to verify the identity of each new prospective user and the
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uses certified prior to furnishing such user a consumer report. In addition,
section 607(a) prohibits any CRA from furnishing a consumer report to any
person it has reasonable grounds to believe will not use the consumer report for
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a permissible purpose. Spokeo has failed to maintain any procedures required
by section 607(a).
15. .Section 607(b) of the FCRA, 15 U.S.C. 1681e(b), requires all
consumer reporting agencies.to follow reasonable procedures to assure
maximum possible accuracy of consumer report information. Spokeo has
failed to follow any reasonable procedures to maximum possible
accuracy of the information in reports that it prepared as required by section
607(b).
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evaluating consumer credit information or other
info:pni;ltion on consumers for the purpose of
funllshmg consumer reports to .tl,11rd parp.es, and
whlCh uSes any means or faCIlIty of mtt:?rst.ate
commerce for tile purposeof preparmg or furnIshIng
consumer reports.
Spokeo regularly assembles "inforll1ation on consumers" into consumer reports
that it provides to third parties in interstate commerce, including companies in
. the hurnanresources, background atld recruiting industries.
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are "used or expected to be used" for "employment purposes."
14. Se.ction 607(a) Qfthe FCRA, 15 U.S.C. 1681e(a), requires CRAs
to maintain reasonable procedures to limit the furnishing of consumer reports
to the purposes specified in section 604, 15 U.S.C. 1681b. These procedures
require that the CRA, prior to furnishing a user with a consumer report, require
the prospective usets of the information to identify themselves to the CRA,
certify the purpose for which the information is sought, and certify that the
information will be used for no other purpose. The CRA must make a
reasonable effort to verify the identity of each new prospective user and the
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uses certified prior to furnishing such user a consumer report. In addition,
section 607(a) prohibits any CRA from furnishing a consumer report to any
person it has reasonable grounds to believe will not use the consumer report for
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a permissible purpose. Spokeo has failed to maintain any procedures required
by section 607(a).
15. .Section 607(b) of the FCRA, 15 U.S.C. 1681e(b), requires all
consumer reporting agencies.to follow reasonable procedures to assure
maximum possible accuracy of consumer report information. Spokeo has
failed to follow any reasonable procedures to maximum possible
accuracy of the information in reports that it prepared as required by section
607(b).
1 16. Section 607(d) of the FCRA, 15 U.S.C. 168ie(d), requires CRAs
2 to provide a "Notice to Users of Consumer Reports: Obligations of Users
3 Under the FCRA" ("User Notice") to any person to whom a consumer report is
4 provided by the CRA. As required by section 607( d), the Commission has
5 prescribed the content of the User Notice through a model notice that is set
6 forth in 16 CFR 698, Appendix H. The User Notice provides users of
7 consumer reports with important information regarding their obligations under
8 the FCRA, including the obligation of the user to provide a notice to consumers
9 who are the subject of an adverse action (e.g., denial of employment) based in )
10 whole or in part on information contained in the consumer report. Spokeo has
11 failed to provide the section 607 ( d) User Notice to those who purchase
12 consumer reports.
13 17. Section 604 of the FCRA, 15 U.S.C. 1681b, prohibits CRAs
14 from furnishing consumer reports to persons who the reporting
15 agency does not have reason to believe have a "permissible purpose." Section
16 604(b), 15 U.S.C. 1681b(b), includes employment purposes as a permissible
17 purpose but prescribes certain conditions for furnishing and using consumer
18 reports for employment purposes. Spokeo regularly furnishes consumer reports
19 to third parties without procedures to inquire into the purpose for which the
20 user is buying the report. Spokeo has violated Section 604, 15 U.S.C. 1681b,
21 in furnishing consumer reports to persons that it did not have a reason to
22 believe had a permissible purpose to obtain a consumer report.
23 COUNT 1 - VIOLATIONS OF SECTION 607(a) of the FCRA
24 18. Section 607(a) of the FCRA, 15 U.S.C. 1681e(a), requires that
25 every consumer reporting agency maintain reasonable procedures to limit the
26 furnishing of consumer reports for enumerated "permissible purposes." These
27 reasonable procedures include making reasonable efforts to verify the identity
28 of each prospective user of consumer report information and the uses certified
1 16. Section 607(d) of the FCRA, 15 U.S.C. 168ie(d), requires CRAs
2 to provide a "Notice to Users of Consumer Reports: Obligations of Users
3 Under the FCRA" ("User Notice") to any person to whom a consumer report is
4 provided by the CRA. As required by section 607( d), the Commission has
5 prescribed the content of the User Notice through a model notice that is set
6 forth in 16 CFR 698, Appendix H. The User Notice provides users of
7 consumer reports with important information regarding their obligations under
8 the FCRA, including the obligation of the user to provide a notice to consumers
9 who are the subject of an adverse action (e.g., denial of employment) based in )
10 whole or in part on information contained in the consumer report. Spokeo has
11 failed to provide the section 607 ( d) User Notice to those who purchase
12 consumer reports.
13 17. Section 604 of the FCRA, 15 U.S.C. 1681b, prohibits CRAs
14 from furnishing consumer reports to persons who the reporting
15 agency does not have reason to believe have a "permissible purpose." Section
16 604(b), 15 U.S.C. 1681b(b), includes employment purposes as a permissible
17 purpose but prescribes certain conditions for furnishing and using consumer
18 reports for employment purposes. Spokeo regularly furnishes consumer reports
19 to third parties without procedures to inquire into the purpose for which the
20 user is buying the report. Spokeo has violated Section 604, 15 U.S.C. 1681b,
21 in furnishing consumer reports to persons that it did not have a reason to
22 believe had a permissible purpose to obtain a consumer report.
23 COUNT 1 - VIOLATIONS OF SECTION 607(a) of the FCRA
24 18. Section 607(a) of the FCRA, 15 U.S.C. 1681e(a), requires that
25 every consumer reporting agency maintain reasonable procedures to limit the
26 furnishing of consumer reports for enumerated "permissible purposes." These
27 reasonable procedures include making reasonable efforts to verify the identity
28 of each prospective user of consumer report information and the uses certified
1 by each prospective user prior to furnishing such user .with a consumer report.
2 19. As described in Paragraph 14, Spokeo has failed to maintain such
3 reasonable procedures. For example, Spokeo has failed to require that
4 prospective users of the profiles identify themselves, certify the purposes for
5 which the information is sought, and certify that the information will be used
6 for no other purpose.
7 20. By and through the a.cts and practices described in Paragraph 19
8 above, Defendant has violated section 607(a) of the FCRA, 15 U.S.C.
9 1681e(a).
10 21. Pursuant to section 621(a)(1) of the FCRA, 15 U.S.C.
11 1681 s( a)( 1), the acts and practices alleged in Paragraph 19 also constitute
12 unfair or deceptive acts or practices in violation of section 5(a) of the FTC Act,
13 15 U.S.C. 45(a).
14 COUNT 2 - VIOLATIONS OF SECTION 607(b) OF THE FCRA
15 22. Section 607(b) of the FCRA, 15 U.S.C. 16ale(b), requires
16 consumer reporting agencies to follow reasonable procedures to assure
17 maximum possible accuracy of the information concerning the individual about
18 whom the report relates.
19 23. As described in Paragraph 15, Defendant has failed to use
20 reasonable procedures to assure IDaximum possible accuracy of consumer
21 report information.
22 24. By and through the acts and practices described in Paragraph 23,
23 Defendant has violated section 607(b) of the FCRA, 15 U.S.C. 1681e(b).
25 1681s(a)(1), the acts and practices alleged in Paragraph 23 also constitute
26 unfair or deceptive acts. or practices in violation of section 5(a) of the FTC Act,
27 15 U.S.C. 45(a).
28
1 by each prospective user prior to furnishing such user .with a consumer report.
2 19. As described in Paragraph 14, Spokeo has failed to maintain such
3 reasonable procedures. For example, Spokeo has failed to require that
4 prospective users of the profiles identify themselves, certify the purposes for
5 which the information is sought, and certify that the information will be used
6 for no other purpose.
7 20. By and through the a.cts and practices described in Paragraph 19
8 above, Defendant has violated section 607(a) of the FCRA, 15 U.S.C.
9 1681e(a).
11 1681 s( a)( 1), the acts and practices alleged in Paragraph 19 also constitute
13 15 U.S.C. 45(a).
14 COUNT 2 - VIOLATIONS OF SECTION 607(b) OF THE FCRA
15 22. Section 607(b) of the FCRA, 15 U.S.C. 16ale(b), requires
16 consumer reporting agencies to follow reasonable procedures to assure
17 maximum possible accuracy of the information concerning the individual about
18 whom the report relates.
19 23. As described in Paragraph 15, Defendant has failed to use
20 reasonable procedures to assure IDaximum possible accuracy of consumer
21 report information.
22 24. By and through the acts and practices described in Paragraph 23,
23 Defendant has violated section 607(b) of the FCRA, 15 U.S.C. 1681e(b).
26 unfair or deceptive acts. or practices in violation of section 5(a) of the FTC Act,
27 15 U.S.C. 45(a).
28
1 COUNT 3 - VIOLATIONS OF SECTION 607(d) OF THE FCRA
2 26. Section 607(d) of the FCRA, 15 U.S.C. 1681e(d), requires that a
3 consumer reporting agency provide, to any person to whom it provides a
4 consumer report ("users"), a User Notice.
5 27; As described in Paragraph 16, Defendant has failed to provide
6 User Notices to users and thereby has violated section 607(d) of the FCRA, 15
7 U.S.C. 1681e(d).
8 28. By and through the acts and practices described in Paragraph 27
9 above, Defendant has violated section 607(d) of the FCRA, 15 U.S.C.
10 1681e(d).
11 29. Pursuant to section 621(a)(l) of the FCRA, 15 U.S.C.
14 15 U.S.C. 45(a).
15 COUNT 4 - VIOLATIONS OF SECTION 604 OF THE FCRA
16 30. Section 604 of the FCRA, 15 U.S.C. 1681b prohibits CRAs from
17 furnishing consumer reports to persons that it did not have reason to believe
18 had a permissible purpose to obtain a consumer report.
19 31. As described in Paragraph 17, in multiple instances, Spokeo has
20 furnished consumer reports to persons that it did not have reason to believe had
21 a permissible purpose to obtain a consumer report.
23 above, Defendant has violated section 604 of the FCRA, 15 U.S.C. 1681b.
25 1681 s( a)( 1 ), the acts and practices alleged in Paragraph 31 also constitute
27 15 U.S.C. 45(a).
28
1 COUNT 3 - VIOLATIONS OF SECTION 607(d) OF THE FCRA
2 26. Section 607(d) of the FCRA, 15 U.S.C. 1681e(d), requires that a
3 consumer reporting agency provide, to any person to whom it provides a
4 consumer report ("users"), a User Notice.
5 27; As described in Paragraph 16, Defendant has failed to provide
6 User Notices to users and thereby has violated section 607(d) of the FCRA, 15
7 U.S.C. 1681e(d).
9 above, Defendant has violated section 607(d) of the FCRA, 15 U.S.C.
10 1681e(d).
11 29. Pursuant to section 621(a)(l) of the FCRA, 15 U.S.C.
14 15 U.S.C. 45(a).
15 COUNT 4 - VIOLATIONS OF SECTION 604 OF THE FCRA
16 30. Section 604 of the FCRA, 15 U.S.C. 1681b prohibits CRAs from
17 furnishing consumer reports to persons that it did not have reason to believe
18 had a permissible purpose to obtain a consumer report.
19 31. As described in Paragraph 17, in multiple instances, Spokeo has
20 furnished consumer reports to persons that it did not have reason to believe had
21 a permissible purpose to obtain a consumer report.
23 above, Defendant has violated section 604 of the FCRA, 15 U.S.C. 1681b.
25 1681 s( a)( 1 ), the acts and practices alleged in Paragraph 31 also constitute
27 15 U.S.C. 45(a).
28
1 SECTION 5 OF THE FTC ACT
2 34. Section 5(a) of the FTC Act, 15 U.S.C. 45(a), prohibits "unfair
3 or deceptive acts or practices in or affecting commerce."
4 VIOLATIONS OF SECTION 5 OF THE FTC ACT
5 35. During 2010, Defendant directed its employees to draft comments
6 endorsing Spokeo to be posted on news and technology websites. These
7 comments were reviewed' and edited by Spokeo managers and then posted
8" using account names, provided by Spokeo; that would give the readers of these
9 . comments the impression they had been submitted by independent, ordinary
10 consumers or business users of Spokeo.
11 COUNT 5 - ENDORSEMENTS
12 36. As described in Paragraph 35, Defendant has represented,
13 expressly or by implication, that its comments about Spokeo were independent
14 comments reflecting the views of ordinary consumers or business users of
15 Spokeo.
16 37. In truth and in fact, the comments about Spokeo were not
17 independent comments reflecting the views of ordinary consumers or business
18 users ofSpokeo. The comments were created by employees and managers of
19 Spokeo in response to news articles or reviews of Spokeo. Therefore, the
20 representations set forth in Paragraph 36 were, and are, false and misleading.
21 38. The acts and practices alleged in Paragraphs 35-37 constitute
22 unfair or deceptive acts or practices in or affecting commerce in violation of
23 Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a).
24 THIS COURT'S POWER TO GRANT RELIEF
25 39. Section 621(a)(2)(A) of the FCRA; 15 U.S.C. 1681s(a)(2)(A),
26 authorizes the Court to award monetary civil penalties in the event of a
27 knowing violation of the FCRA, which constitutes a pattern or practice.
28 Spokeo' s violations of the FCRA, as alleged in this Complaint, have been
1 SECTION 5 OF THE FTC ACT
2 34. Section 5(a) of the FTC Act, 15 U.S.C. 45(a), prohibits "unfair
3 or deceptive acts or practices in or affecting commerce."
4 VIOLATIONS OF SECTION 5 OF THE FTC ACT
5 35. During 2010, Defendant directed its employees to draft comments
6 endorsing Spokeo to be posted on news and technology websites. These
7 comments were reviewed' and edited by Spokeo managers and then posted
8" using account names, provided by Spokeo; that would give the readers of these
9 . comments the impression they had been submitted by independent, ordinary
10 consumers or business users of Spokeo.
11 COUNT 5 - ENDORSEMENTS
12 36. As described in Paragraph 35, Defendant has represented,
13 expressly or by implication, that its comments about Spokeo were independent
14 comments reflecting the views of ordinary consumers or business users of
15 Spokeo.
16 37. In truth and in fact, the comments about Spokeo were not
17 independent comments reflecting the views of ordinary consumers or business
18 users ofSpokeo. The comments were created by employees and managers of
19 Spokeo in response to news articles or reviews of Spokeo. Therefore, the
20 representations set forth in Paragraph 36 were, and are, false and misleading.
21 38. The acts and practices alleged in Paragraphs 35-37 constitute
22 unfair or deceptive acts or practices in or affecting commerce in violation of
23 Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a).
24 THIS COURT'S POWER TO GRANT RELIEF
25 39. Section 621(a)(2)(A) of the FCRA; 15 U.S.C. 1681s(a)(2)(A),
26 authorizes the Court to award monetary civil penalties in the event of a
27 knowing violation of the FCRA, which constitutes a pattern or practice.
28 Spokeo' s violations of the FCRA, as alleged in this Complaint, have been
1 knowing and have constituted a pattern or practice of violations. As specified
2by the Federal Civil Penalty Inflation Adjustment Act of 1990, 28 U.s.C.
3 2461, as amended by the Debt Collection Improvements Act of 1996, Pub. L.
4 104-134, 31001 (s)( 1), 110 Stat. 1321-373, the Court is authorized to award a
:; penalty of not more than $2,500 per violation for violations occurring before
6 February 10,2009, and $3,500 per violation for violations occurring on or after
1 . that date.
8 40. Each instance in which Spokeo has failed to comply with the
9 FCRA constitutes a separate violation of the FCRA for the purpose of
10 assessing monetary civil penalties under section 621 of the FCRA, 15 U.S.C.
11 1681 s. Plaintiff seeks monetary civil penalties for every separate violation of
12 the FCRA.
13 41. Under section 621(a) of the FCRA, 15 U.S.C. 1681s(a), and
14 section 13(b) of the' FTC Act, 15 U.S.C. 53(b), this Court is authorized to
15 issue a permanent injunction prohibiting Defendant from violating the FTC Act
16 and the FCRA.
17 PRAYER FOR RELIEF
18 WHEREFORE, Plaintiff requests that this Court, pursuant to 15 U.S.C.
19 45(a)(1), 45(m)(1)(A), 53(b), 1681s, and 1691c, and pursuant to the Court's
20 own equitable powers:
21 (1) Enter judgment against Defendant and in favor of Plaintiff for each
22 violation alleged in this Complaint;
23 (2) Enter a permanent injunction to prevent future violations of the
24 FCRA and the FTC Act by Defendant;
25 (3) Award Plaintiff monetary civil penalties from Defendant for each
26 violation of the FCRA alleged in this Complaint; and
27 (4) Award Plaintiff the costs of bringing this action, as well as such other
28 and additional relief as the Court may determine to be just and proper.The parties,
1 knowing and have constituted a pattern or practice of violations. As specified
2by the Federal Civil Penalty Inflation Adjustment Act of 1990, 28 U.s.C.
3 2461, as amended by the Debt Collection Improvements Act of 1996, Pub. L.
4 104-134, 31001 (s)( 1), 110 Stat. 1321-373, the Court is authorized to award a
:; penalty of not more than $2,500 per violation for violations occurring before
6 February 10,2009, and $3,500 per violation for violations occurring on or after
1 . that date.
8 40. Each instance in which Spokeo has failed to comply with the
9 FCRA constitutes a separate violation of the FCRA for the purpose of
10 assessing monetary civil penalties under section 621 of the FCRA, 15 U.S.C.
11 1681 s. Plaintiff seeks monetary civil penalties for every separate violation of
12 the FCRA.
13 41. Under section 621(a) of the FCRA, 15 U.S.C. 1681s(a), and
14 section 13(b) of the' FTC Act, 15 U.S.C. 53(b), this Court is authorized to
15 issue a permanent injunction prohibiting Defendant from violating the FTC Act
16 and the FCRA.
17 PRAYER FOR RELIEF
18 WHEREFORE, Plaintiff requests that this Court, pursuant to 15 U.S.C.
19 45(a)(1), 45(m)(1)(A), 53(b), 1681s, and 1691c, and pursuant to the Court's
20 own equitable powers:
21 (1) Enter judgment against Defendant and in favor of Plaintiff for each
22 violation alleged in this Complaint;
23 (2) Enter a permanent injunction to prevent future violations of the
24 FCRA and the FTC Act by Defendant;
25 (3) Award Plaintiff monetary civil penalties from Defendant for each
26 violation of the FCRA alleged in this Complaint; and
27 (4) Award Plaintiff the costs of bringing this action, as well as such other
28 and additional relief as the Court may determine to be just and proper.The parties,
1 by their counsel, hereby consent to the terms and conditions of the Order as set
2 forth above and consent to the entry thereof.
3
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8
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10
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12
13
14
15
16
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19
20
21
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25
26
27
28'
OF COUNSEL:
MONIQUE EINHORN
Attorney ..
Federal Trade CommIssIOn
600
:w D.C. 2.0580
3 .. 6-2 _75,fvOlce)
202.326-3062 fax)
,
JAMIEHINE
Attorney
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washinijton,. D.C. 20580
3 6-2188 fvoice)
202 326-3062 fax)
KATHERINE ARMSTRONG
Attorney
D.C. 20580
36-3 50 fvoice)
202 326-3062 fax)
FOR PLAINTIFF
THE UNITED STATES OF AMERICA:
STUART F. DELERY
A9ttng Attorney General,
Clvll DIVISIOn
DEPARTMENT OF JUSTICE
ANDRE BIROTTE, JR.
Un1ted States Attorney' '
Central District of California

ChIef, Clvll DIvisIOn

Trial Attorney
Consumer Protection Branch
U.S. DeRartment of Justice
POBox386 '
Washington, DC 20044-0386
Telephone: 202-307-6154
alan. phelps@usdoj .gov
1 by their counsel, hereby consent to the terms and conditions of the Order as set
2 forth above and consent to the entry thereof.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28'
OF COUNSEL:
MONIQUE EINHORN
Attorney ..
Federal Trade CommIssIOn
600
:w D.C. 2.0580
3 .. 6-2 _75,fvOlce)
202.326-3062 fax)
,
JAMIEHINE
Attorney
Washinijton,. D.C. 20580
3 6-2188 fvoice)
202 326-3062 fax)
KATHERINE ARMSTRONG
Attorney
D.C. 20580
36-3 50 fvoice)
202 326-3062 fax)
FOR PLAINTIFF
THE UNITED STATES OF AMERICA:
STUART F. DELERY
A9ttng Attorney General,
Clvll DIVISIOn
DEPARTMENT OF JUSTICE
ANDRE BIROTTE, JR.
Un1ted States Attorney' '

ChIef, Clvll DIvisIOn

Chief, Civil Frauds Section
California State Bar No. 181073
Room 7516, Federal Building
300 North Los Angeles Streel
Los Angeles, CA 90012
TelepJ:lOne: (213) .894-0444.
E-mall: [email protected]
MAAME EWUSI-MENSAHFRIMPON
Acting Deputy Assistant Attorney Gener I
MICHAEL S. BLUME
Director

Trial Attorney
U.S. DeRartment of Justice
POBox386 '
Washington, DC 20044-0386
Telephone: 202-307-6154
alan. phelps@usdoj .gov
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Margaret M. Morrow and the assigned
discovery Magistrate Judge is Stephen J. Hillman.
The case number on all documents filed with the Court should read as follows:
CV12- 5001 MMM (SHx)
Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
[X] Western Division
312 N. Spring St., Rm. G-8
U Southern Division U
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
Failure to file at the proper location will result in your documents being returned to you.
Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Margaret M. Morrow and the assigned
discovery Magistrate Judge is Stephen J. Hillman.
The case number on all documents filed with the Court should read as follows:
CV12- 5001 MMM (SHx)
Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
[X] Western Division
312 N. Spring St., Rm. G-8
U Southern Division U
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
Failure to file at the proper location will result in your documents being returned to you.
Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Name & Address:
Wendy Weiss, AUSA, Chief, Civil Fraud Section
300 North Los Angeles St., Room 7516
CASE NUMBER
PLAINTIFF(S)
5001
v.
SPOKEO, INC.,
SUMMONS
DEFENDANT(S).
TO: DEFENDANT(S):
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached li complaint 0 amended complaint
o counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiffs attorney, ANDRE BIROTTE JR., US Attorney , whose address is
300 North Los Angeles St., Room 7516, Los Angeles, CA 90012 . If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also must file
your answer or motion with the court.
JUN - 7 2012
Clerk, U.S. District Court
Dated: ___________ _
JULIE PRAD
By: ______________ T 4 ~
Deputy Clerk
(Seal of the Court) nS
4
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)]. .
CV-OIA (10/11 SUMMONS
Name & Address:
Wendy Weiss, AUSA, Chief, Civil Fraud Section
300 North Los Angeles St., Room 7516
CASE NUMBER
PLAINTIFF(S)
5001
v.
SPOKEO, INC.,
SUMMONS
DEFENDANT(S).
TO: DEFENDANT(S):
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached li complaint 0 amended complaint
o counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiffs attorney, ANDRE BIROTTE JR., US Attorney , whose address is
300 North Los Angeles St., Room 7516, Los Angeles, CA 90012 . If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also must file
your answer or motion with the court.
JUN - 7 2012
Clerk, U.S. District Court
Dated: ___________ _
JULIE PRAD
By: ______________ T 4 ~
Deputy Clerk
(Seal of the Court) nS
4
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)]. .
CV-OIA (10/11 SUMMONS
t/
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIF rr:: 15' lOP w
. CIVIL COVER SHEET 'V:::dJ U
I (a) PLAINTIFFS (Check box if you are representing yourself 0)
. UNITED STATES OF AMERICA
DEFENDANTS
SPOKEO, INC .
Attorneys (If Known)
..
: .....
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)
ANDREW SERWIN, ROBERT B. GRIFFITH, PETER F.
WENDY WEISS, AUSA, Chief, CivirFraud Section
300 North Los Angeles Street, Room 7516, Federal Building
Los Angeles, CA 90012; Phn: 213-894-0444; Fax: 213-894-2380
II. BASIS OF JUR,ISDICTION (Place an X in one box only.)
Foley & Lardner LLp, 306K St NW, Suite pOO ..
Washington, DC 2Q007;.Tel: 202.672.5300; Fax: 202.672.5399
'.' .
. ,#.,
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plllintiffanq ons for defendant.) ..
'I U.S. Government Plaintiff 03 Federal Question (U.S.
;' PTt DEF ". ........ . PTF DEF
\'r 0 OJ 0 I mcorporated or Principal Place 0 4 0 4 Government Not a Party) Citizen of This State
.. ' "of.Business in this State
o 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship Citizen of Another State
of Parties in Item III)
o .r}, 0 2 . Incqrporated and Principal Place 0 5 0 5
of Business in Another State
Citizen or Subject ofa Foreign Country 0) 03 ForeigiiNation
IV. ORIGIN (Place an X in one box only.)
ti'l Original
Proceeding
o 2 Removed from 0 3 Remanded from 0 4 Reinstated or
State Court Appellate Court Reopened
1- ,
o 5 Transferred from another d;str.i,c} 0 6 Multi-
.. v: ,,", .- .... ',c', . , " .oi.strict
. '. Litigation"
V. REQUESTED IN COMPLAINT: JURY DEMAND: 0 Yes IiNo (Check 'Yes' only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23: 0 Yes liNo o MONEY DEMANDED IN COMPLAINT: $
06 06
o 7 A:ppeal to District
Judge from
Judge
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Action for civil penalties and injunctive relief under the Fair Credit Reporting Act, 15 USC 1681 et seq.; and the Federal Trade Commission Act, 15 U,S.c. 45
VII. NATURE OF SUIT (Place an X in one box only.)

o 400 State Reapportionment Insurance Labor Standards
o 410 Antitrust Marine Airplane Act
0430 Banks and Banking Miller Act Airplane Product Vacate Sentence LaborfMgrnt.
o 450 Commerce/ICC Negotiable Instrument
Liability
Habeas Corpus Relations
Rates/etc. Recovery of
Assault, Libel &
General LaborfMgmt.
0460 Deportation Overpayment &
Slander
Death Penalty Reporting &
0470 Racketeer Influenced Enforcement of
Fed. Employers'
Mandamus/ Disclosure Act
and Corrupt Judgment
Liability
Other Railway Labor Act.
Organizations Medicare Act
Marine
Civil Rights Other Labor
Marine Product
0480 Consumer Credit Recovery of Defaulted
Liability
Prison Condition Litigation
0490 Cable/Sat TV Student Loan (Excl.
Motor Vehicle
Empl. Ret. Inc.
0810 Selective Service Veterans)
Motor Vehicle
0850 Securities/Commodities/ Recovery of
Product Liability
Agriculture
Exchange Overpayment of
Other Personal
Other Food &
0875 Customer Challenge 12 Veteran's Benefits
Injury
Voting Drug
M890
USC 3410 Stockholders' Suits
Personal Injury-
Employment Drug Related
Other Statutory Actions Other Contract
Med Malpractice
Housing/Acco- Seizure of , 'I':
0891 Agricultural Act Personal Injury-
mmodations Property 21 USC
0892 Economic Stabilization Product Liability Welfare 881
Act Asbestos Personal American with Liquor Laws
0893 Environmental Matters Injury Product Disabil ities - R.R. & Truck
0894 Energy Allocation Act Liabil Employment Airline Regs
0895 Freedom oflnfo. Act Foreclosure American with Occupational
0900 Appeal of Fee Determi- Rent Lease & Ejectment Disabil ities - Safety !Health
',>
nation Under Equal Torts to Land
Application
Other Other Taxes (U.S. Plaintiff
Access to Justice Tort Product Liability
0463 Habeas Corpus-
Other Civil or Defendant)
0950 Constitutionality of All Other Real Property
Alien Detainee
Rights 0871 IRS-Third Party 26 .
State Statutes
0465 Other Immigration
USC 7609
Actions
FOR OFFICE USE ONLY:
Case Number: ___________________________ _
AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
CV-71 (05/08) CIVIL COVER SHEET Page I 0{2
t/
UNITED Sf A TES DISTRICT COURT, CENTRAL DISTRICT OF CALiF rr:: 0 lP w
. CIVIL COVER SHEET 'V:::dJ U
I (a) PLAINTIFFS (Check box if you are representing yourself 0)
. UNITED STATES OF AMERICA
DEFENDANTS
SPOKEO, INC .
..
: .....
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)
Attorneys (If Known)
ANDREW SERWIN, ROBERT B. GRIFFITH, PETER F.
WENDY WEISS, AUSA, Chief, CivirFraud Section
300 North Los Angeles Street, Room 7516, Federal Building
Los Angeles, CA 90012; Phn: 213-894-0444; Fax: 213-894-2380
II. BASIS OF JUR,ISDICTION (Place an X in one box only.)
'I U.S. Government Plaintiff 03 Federal Question (U.S.
Government Not a Party)
Foley & Lardner LLp, 306K St NW, Suite pOO ..
Washington, DC 2Q007;.Tel: 202.672.5300; Fax: 202.672.5399
'.' .
. ,#.,
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plllintiffanq ons for defendant.) ..
Citizen of This State
;' PTt DEF ". ........ . PTF DEF
\'r 0 OJ 0 I mcorporated or Principal Place 0 4 0 4
.. ' "of.Business in this State
o 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship Citizen of Another State o .r}, 0 2 . Incqrporated and Principal Place 0 5 0 5
of Business in Another State of Parties in Item III)
Citizen or Subject ofa Foreign Country 0) 03 ForeigiiNation
IV. ORIGIN (Place an X in one box only.)
o 2 Removed from 0 3 Remanded from 0 4 Reinstated or
1- ,
o 5 Transferred from another d;str.i,c} 0 6 Multi-
.. v: ,,", .- .... ',c', . , " .oi.strict
06 06
ti'l Original
Proceeding State Court Appellate Court Reopened
. '. Litigation"
o 7 A:ppeal to District
Judge from
Judge
V. REQUESTED IN COMPLAINT: JURY DEMAND: 0 Yes IiNo (Check 'Yes' only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23: 0 Yes liNo o MONEY DEMANDED IN COMPLAINT: $
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Action for civil penalties and injunctive relief under the Fair Credit Reporting Act, 15 USC 1681 et seq.; and the Federal Trade Commission Act, 15 U,S.c. 45
VII. NATURE OF SUIT (Place an X in one box only.)

o 400 State Reapportionment 110 Insurance Labor Standards
o 410 Antitrust 0120 Marine Airplane Act
0430 Banks and Banking 0130 Miller Act Airplane Product Vacate Sentence LaborfMgrnt.
o 450 Commerce/ICC 0140 Negotiable Instrument
Liability
Habeas Corpus Relations
Rates/etc. 0150 Recovery of
Assault, Libel &
General LaborfMgmt.
0460 Deportation Overpayment &
Slander
Death Penalty Reporting &
0470 Racketeer Influenced Enforcement of
0330 Fed. Employers'
Mandamus/ Disclosure Act
and Corrupt Judgment
Liability
Other Railway Labor Act.
Organizations Medicare Act
0340 Marine
Civil Rights Other Labor
0480 Consumer Credit Recovery of Defaulted
0345 Marine Product
Prison Litigation
0490 Cable/Sat TV Student Loan (Excl.
Liability
Empl. Ret. Inc.
0350 Motor Vehicle
0810 Selective Service Veterans)
355 Motor Vehicle
Act
0850 Securities/Commodities/ Recovery of
Product Liability
Agriculture
Exchange Overpayment of
360 Other Personal
Other Food &
0875 Customer Challenge 12 Veteran's Benefits
Injury
Voting Drug
M890
USC 3410 Stockholders' Suits
362 Personal Injury-
Employment Drug Related
Other Statutory Actions Other Contract
Med Malpractice
Housing/Acco- Seizure of > ' "
0891 Agricultural Act Contract Product 365 Personal Injury-
mmodations Property 21 USC 861 HIA (I 395ff)
0892 Economic Stabilization Liability Product Liability Welfare 881 862 Black Lung (923)
Act Franchise 0368 Asbestos Personal American with Liquor Laws 863 DI'NCIDIWW
0893 Environmental Matters Injury Product Disabil ities - R.R. & Truck (405(g
0894 Energy Allocation Act Land Condemnation Employment Airline Regs SS ID Title XVI
0895 Freedom oflnfo. Act Foreclosure American with Occupational
0900 Appeal of Fee Determi- Rent Lease & Ejectment Disabil ities - Safety !Health
nation Under Equal Torts to Land Other Other Taxes (U.S. Plaintiff
Access to Justice Tort Product Liability
0463
Other Civil or Defendant)
0950 Constitutionality of All Other Real Property Rights IRS-Third Party 26 .
State Statutes
465
USC 7609
FOR OFFICE USE ONLY:
Case Number: ___________________________ _
AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
CV-71 (05/08) CIVIL COVER SHEET Page I 0{2
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII (a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? MNo 0 Yes
If yes, list case number(s): __________________________________________________ --
VIII(b). CASES: Have any cases been previously filed in this court that are related to the present case? MNo 0 Yes
Ifyes,listcasenumber(s): ___________________________________________________ _
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
DB. Call for determination of the same or substantially related or similar questions oflaw and fact; or
For other reasons would. entail substantial duplication of labor if heard by different judges; or
o D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
(a} List the County in this District; California County outside ofthis District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).
County in this District: * California County outside of this District; State, if other than California; or Foreign Country
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
0 Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).
Los Angeles County
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
Note' In land condemnation cases use the location of the tract of land involved ,
County in this District:* California County outside of this District; State, if other than California; or Foreign Country
Los Angeles County
* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases, use the location of the tract of land involved
X. SIGNATURE OF ATTORNEY (OR PRO PER): Date ---1-"/ ....... 1-+-/''--2..-- _______ _
Notice to CounseVPariies: The CV -71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed
but is used by the Clerk ofthe Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.)
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (05/08)
Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, includ.e claims by hospitals, nursing facilitieS, etc., for certification as providers of services under the
program. (42 U.S.C. 1935FF(b
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C. 923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.c. 405(g
, ... -t
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security
Act, as amended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
U.S.C. (g
CIVIL COVER SHEET Page 2 of2
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII (a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? MNo 0 Yes
If yes, list case number(s): __________________________________________________ --
VIII(b). CASES: Have any cases been previously filed in this court that are related to the present case? MNo 0 Yes
Ifyes,listcasenumber(s): ___________________________________________________ _
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
DB. Call for determination of the same or substantially related or similar questions oflaw and fact; or
For other reasons would. entail substantial duplication of labor if heard by different judges; or
o D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
(a} List the County in this District; California County outside ofthis District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
0 Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).
Los Angeles County
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
Note' In land condemnation cases use the location of the tract of land involved ,
County in this District:* California County outside of this District; State, if other than California; or Foreign Country
Los Angeles County
* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases, use the location of the tract of land involved
X. SIGNATURE OF ATTORNEY (OR PRO PER): Date ---1-"/ ....... 1-+-/''--2..-- _______ _
Notice to CounseVPariies: The CV -71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed
but is used by the Clerk ofthe Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.)
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (05/08)
Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, includ.e claims by hospitals, nursing facilitieS, etc., for certification as providers of services under the
program. (42 U.S.C. 1935FF(b
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C. 923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.c. 405(g
, ... -t
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security
Act, as amended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
U.S.C. (g
CIVIL COVER SHEET Page 2 of2

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Case 2:12-cv-05001-MMM-SH Document 1 Filed 06/07/12 Page 1 of 16 Page ID #:3

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