ocr owens v sallie mae summons and complaint hennepin county minnesota fcra

8/13/2019 OCR Owens v Sallie Mae Summons and Complaint Hennepin County Minnesota FCRA

1/8

STATE OF MINNESOTACOUNTY OF HENNEPIN

Sheldon Owens PLAINTIFF,vs.

Sal l ie MaeDEFENDANT S)

THIS SUMMONS IS DIRECTED TO Sal l ie Mae

FOURTH JUDICIAL DISTRICTDISTRICT COURTCASE TYPE:CONSUMER CREDITFILE NUMBER

SU ONS

1. YOU ARE BEING SUED. The Pla in t i f f has s t a r t ed a lawsuit against you.The Pl a i n t i f f s Complaint against you [ is attached t o th i s summons [ i s onf i le in the of f i ce of the court adminis t ra tor of the above-named court) . 'Do not throw these papers away. They are o f f i c i a l papers tha t af fect yourr ights . You must respond to this lawsuit even though it may not yel bef i led with the Court and there may be no court f i l e number on th i ssummons.2. YOU MUST REPLY WITHIN 20** DAYS TO PROTECT YOUR RIGHTS. You must giveor mail to the person who signed th i s summons a wri t ten response cal led anAnswer within 20* ' days of the date on which you received t h i s Summons.You must send a copy of your Answer to the person who signed this summonslocated at :1918 Park ~ y e n u e Minneapolis, Minnesota; 554043. YOU MUST RESPOND TO EACH CLAIM. The Answer i s your wri t ten response tothe Pl a i n t i f f s Complaint. In your Answer you must s ta te whether you agreeor disagree with each paragraph of the Complaint. I f you bel ieve thePla in t i f f should not be given everything asked for in the Complaint, youmust say so in your Answer.4. YOU WILL LOSE YOUR CASE IF YOU O NOT SEND A WRITTEN RESPONSE TO THECOMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. f you do not Answerwithin 20** days, you will lose this case. You wil l not get to t e l l yourside of the s tory, and the Court may decide aga inst you and award thePla in t i f f everything asked for in the complaint . I f you do not want tocontest the claims s ta ted in the complaint, you do not need to respond. Adefaul t judgment can then be entered against you for the r e l i e f requestedin the complaint .5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. I f youdo not have a lawyer, the Court Administrator may have information aboutplaces where you can get legal ass is tance. Even i f you cannot get legalhelp, you must still provide a wri t ten Answer to protec;: your r igh ts oryou may lose the case.6. ALTERNATIVE DISPUTE RESOLUTION. The par t i e s may agree to or beordered to par t i c ipa te in an al ternat ive dispute resolut ion process underRule 114 of the Minnesota General Rules of Prac t ice . You must s t i l l sendyour written response to the Complaint even i you expect to usea l te rna t ive means of resolving this dispute .

EXHI IT


2/8

Signed: S : : ~ b a ~ 'Pla in t i f f s Name

Sheldon OwensPrint Name1918 PARK AVENUE

St ree t address ,MINNEAPOLIS MN; 554 4City s ta te , zip code612.27?..5400Telephone number


3/8

NOTICE ND CKNOWLEDGMENT OF SERVICE BY M IL

TO: SALLIE M EThe enclosed summons and complaint are served pursuant to Rule 4.05 of the

Minnesota Rules of Civil Procedure. You must complete the acknowledgmentpart of th is form and return one copy of the completed form to the senderwithin 20 days. Signing th is Acknowledgment of Receipt i s only an admissionthat you have received the summons and complaint, and does not waive anyother defenses. You must sign and date the acknowledgment. If you are servedon behalf of a corporaLion, unincorporated association including apartnership), or other enti ty, you must indicate under your signature yourrelationship to thac ent i ty I f you are served on behalf of another personand you are authorized to receive process, you must indicate under yoursignature your authority.If you do not complete and return the form to the sender within 20 days, y o ~or the party on whose behalf you are being served) may be required to pay

any expenses incurred in serving a summons and complaint in any other mannerpermitted by law.I f you do complete and return th i s form, you or the par ty on whose behalfyou are being served) must answer the complaint within 20 days. I f you fa i l

to do so, judgment by cte=ault wil l be taken against you for the re l i e fdemanded in the complaint.declare, under penalty of perjury, that this Notice and Acknowledgment of

Receipt of Summons and Complaint were mailed on 04 - 0 ~ a o 1: ) .

Signature

Date of Signature

ACKNOrlLEDGMENT OF RECEIPT OF SUMMONS ND COHPLAINTdeclare, under penalty of perjury, that I received a copy of the s u ~ ~ o n s

and of the complaint in the above-captioned matter

Signature

Relationship to Entity/Authority to Receive Service of Process

Date of Signature


4/8

NOTIC1i AND ACI


5/8

STATE OF MINNESOTACOUNTY OF HENNEPIN

Sheldon Owens PLAINTIFFvs.

Sal l ie MaeDEFENDANT( )

FOURTH JUDICIAL DISTRICTDISTRICT COURTCASE TYPE:CONSUMER CREDITFILE NUMBER

Plaint i f f Sheldon owens hereby f i l es th i s complaint Pro Se in accordancewith 15 U.S.C. 1681 e t seq. and Minnesota Rules of Civil Procedureagainst Defendant, Salie Mae., and alleges as follows:1. This i s an action for actual and s tatu tory damages in excess off if teen-thousand dollars ( 15,000.00), arising from Defendants viola t ionsof cer tain provisions of 15 U.S.C. 1681, the Fair redi t Reporting Act2. Jurisdict ion in this court i s es tabl ished by 15 U.S.C. A 1681p, whichsta tes in part action to enforce any l i abi l i ty created under th i s t i t l emay be brought in any appropriate United Sta tes di s t r i c t court , withoutregard to the amount in controversy, or in any other court of competentjur isdic t ion.3. At a l l material times Plaint i ff a natural person, has been and remainsresident of Hennepin County, Minnesota.4. At a l l material times Defendant was a foreign corporat ion registered inand conducting business in the s tate of Minnesota, whose place of businessi s located a t 11100 USA Parkway Fishers , IN.5. Venue i s established under M.S. Chapter 302A Minnesota Rules ofiv i l Practice and Procedure governing Foreign Corporations, which sta tesin par t Actions against foreign corporat ions doing business in th is s ta teshal l be brought in a county where such corporat ion h s an agent or otherrepresentative, where the cause of action accrued, or where the propertyin l i t iga t ion is located The Plaint i ff a resident of Hennepin CountyMinnesota, in i t i a t ed the instant action af ter suffer ing, in HennepinCounty Minnesota, material and adverse f inancia l impacts including aser ies of credi t denials as a resul t of Defendants conduct, thus venue in

this court i s properly establ ished under MS 302A.9016. At a l l mater ia l times, the Defendant corporat ions principal course ofbusiness was the operat ion of a Consumer Reporting Agency as defined by 15U.S.C. l68la, which agency was at a l l material t imes engaged in themaintenance and sale of Consumer Credit Reports as defined by 15 U.S.C. A1681a


6/8

7. Defendant maintains such a Consumer Credit Report containing thePla in t i f f s credi t history and other personal information

8. The Consumer Credi t Report maintained by Defendant contains numerousand obvious errors and inaccuracies, such tha t Pla in t i f f s credi t standingwith potent ia l lenders has been negatively impacted as a resul t of theerroneous information contained in Defendants report9. The Defendant has, on multiple occasions beginning in 2012 andcont inuing to present , and af ter receiving f a i r and prompt not ice from thePla in t i f f of the inaccuracies contained in Defendants database, continuedto negligently furnish the erroneous information to credi t bureauswithout properly verifying i t s accuracy and a direct contravention of 15U.S.C. 1681s-2, thus causing material and adverse f inancia l harm to thePla in t i f f for which the Pla in t i f f s ent i t led to recover under 15 U.S.C. 1681o10. The Defendant has received s ix 6) documented fa i r and t imely requestsby the Pla in t i f f that the accuracy of various erroneous pieces ofinformation be investigated, and tha t the erroneous information bedeleted, and has in each instance negl igent ly fai led to ascer ta in theaccuracy of the contested i n f o r m a t i o ~ in accordance with11. The Defendant has wil l ful ly viola ted 5 u.s.c. 168li on at l eas tthree 3) documented occasions by re jec t ing Pla in t i f f s invest igat ionrequests with communication s tat ing Error: Item al ready inves t iga ted, w ~ e n168l i clear ly prohibi ts Defendant from refusing such invest igat ionrequests. Pla in t i f f seeks the maximum award of sta tutory damages, asprovided by 15 U.S.C. 1681n not less than $100 and not more than $1,000for each ins tance of Defendants wil l ful noncompliance with the provisionsof u.s.c. 168l i12. Defendant continued to negl igent ly furnish Consumer Credit Reportscontaining the inaccurate information, af ter receiving notice of i t sinaccuracy, in direct contravention of 15 U.S.C. 16Ble, which s ta tesWhenever a consumer reporting agency prepares a consumer report t shal lfollow reasonable procedures to assure maximum possible accuracy o f theinformation concerning the individual about whom the report r e la tes . Theplain language of the act i t s e l f in addition to case law from themajori ty of courts , makes clear the fact tha t Defendants cont inualreliance sole ly on the informat ion provided by the original f u r ~ i s h e rwhen i s suing new Consumer Credit Reports af ter being properly not i f i ed bythe consumer of the information's inaccuracy, does not const i tute areasonable procedure under 168lc. Defendants negligent fa i lure tomaintain reasonable procedures has caused Pla in t i f f to suffer mater ia l andadverse f inancia l imoact, for which the Pla in t i f f is en t i t l ed r.o recoverunder 15 u.s.c. 1G8lo13. Defendant has, on a t l eas t three (3) documented occasions, wil l fu l lyv io la ted 15 U.S.C. l68l i by refus ing to honor Pla in t i f f s requests tha tDefendant invest igate inaccurate or outdated address information containedin Pla in t i f f s Consumer Credit Report, s ta t ing tha t address informationprovided to us by the original credi tor and wil l remain par t of thecredi t despi te the clear prohibi t ion on such refusals . Pla in t i f f seeksthe maximum award of s ta tutory damages, as provided by 15 U.S.C. 168lnnot less than $100 and not more than $1,000a for each instance ofDefendants willful noncompliance with U.S.C. 168l i


7/8

14. Pla in t i f f properly and t imely requested that Defendant invest igate theaccuracy of i t s reporting of accounts 9258124232100062010 on Pla in t i f f sConsumer Credit Report, pursuant to 15 U.S.C. A 168li , which entry showsLhe furnishers of information to be Sal l ie Mae; Defendant receivedPlain t i ffs invest igat ion requesc, and subsequently not i f ied Pla in t i f f thatthe information had been verif ied with and did not in fact perform such aver i f icat ion in the instant. Pla in t i f f seeks the maximum award ofs tatu tory damages, as provided by 15 U.S.C. 1681n not less than $100and not more than $1,000 for Defendants wil l fu l noncompliance with U.S.C. 1681i15. The defendanL has refused to correct information af te r being providedproof Defamation causing wil l fu l injury; direct v io lat ion of the FCRASection 623; i . e . CUSHMAN, v. TRANS UNION CORPORATION US Court of Appealsfor the Third Circui t Court Case 115 F.3d 220; June 9, 1997, Filed D.C.No. 95-cv-01743) .Extent of damages incurred by the wronged party, asdeemed by the courts16. The defendant has reported my credi t his tory inaccurately Extent ofdamages incurred by the wronged par ty , as deemed by the courts17. The defendant has reported to my credi t his tory inaccuratelyDefamation, f inancial in juryUS Court of Appeals, Ninth Circui t No 00-15946, Nelson vs. ChaseManhactan Extent of damages incurred by the wronged par ty as deemed bythe courts18. The defendant has fai led to repor t the account as disputed to thecredi t bureaus Protection under the FCRA FCRASection 623. $1,000The defendant has pulled your cred l t f i l e without permissible purposeInjury to your cred i t report and cred i t score FCRA Section 604 A) (3)$1,00019. The Defendant violated the provisions TCPA ) , 47 U .S.C. 227 by i t sjunk-fax t ransmissions to my home fax machine in which I am bi l led by myphone provider and by automated dialers and prerecorded messages to myce l l phones, in which I am b i l l e d by the minute as soon as the call i sanswered, dozens of automated c a l l s made to ce l l number, which went tovoicemail and thus consumed minutes from my plan. All of the ca l ls weremade in a fu t i le ef for t to reach me af te r 9 pm.WHEREFORE, Pla in t i f f demands judgment against defendant s follows:

$15,000.00 plus cost, disbursements, and allowable in te res t .


8/8

PLAINTIFFVERIFICATION AND ACKNOWLEDGEMENTA I have read this document. To the best of my knowledge informationthe information contained in the document i s well grounded in fac t and i swarranted by exis t ing law.B. I have not been determined by any court in Minnesota or in any otherState to be a fr ivolous l i t ig n t or subject to an Order precluding me fromserving and f i l ing th i s document.C I am not serving or f i l ing th i s document for any improper purposesuch as to harass the other par ty or to cause delay or needless increasein the cost of l i t ig t ion or to commit a fraud on the Court.D I understand th t i I am not t e l l ing the t ruth or i f I am misleading:he court or i f I am serving of f i l ing th i s document for any improperpurpose the court can order me to pay money to the other party includingreasonable expenses incurred by the other par ty because of the serving off i l ing of th i s document such s court cos ts and reasonable altorneysfees .

ADDRESS ~ L h 0 ~ ~ ~ELEPHONESUBSCRIBED AND SWORN TO BEFpRE MEH S DAY or 14 p t 2o___.l&

d t l l l l ~ h 6 .P U B L I ~ R T CLERKMY COMMISSION EXPIRES I 21 t o

~ ~ LAUREN MARIE TESSIER~ . Notary Pub Jc ll:.. Mmnesota 7f1>:/ My Comm. Expires

~ ~ ~ ~ ~ ~ J a ~ n 3 ~ 1 ~ 2 ~ 0 1 t ~

ocr owens v sallie mae summons and complaint hennepin county minnesota fcra

Documents