Facts

On March 10, 2003, defendant First U.S.A. Bank N.A. confirmed in writing that plaintiff Robert Michael Siemons did not owe any money. Defendant U.S.A. Bank subsequently sent a report of credit information to Equifax Information Services, Experian Corporation, TRW and Trans Union Credit, all consumer credit bureaus, reporting plaintiff owed defendant First U.S.A. Bank $26,000.

Shortly thereafter, plaintiff, while refinancing his home, was allegedly informed for the first time that an account had been opened in his name and was on his credit report. As a result, plaintiff allegedly filed police reports and notified defendant First U.S.A. Bank, Experian, Equifax and Trans Union that he was a victim of identity theft.

Defendant First U.S.A. Bank subsequently sold the account to defendant Triad, who resold it to defendant S&A Services of Marion Ltd for collection. Defendant S&A Services called plaintiff on several occasions to collect the debt and allegedly reported the account to consumer reporting agencies.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant S&A Services, along with defendants Jeffrey Schreiber and Suzanne Schreiber, attempted to collect money from him that he did not owe, reported false information to credit bureaus, damaged his credit rating and caused him to suffer emotional distress. The plaintiff also noted that the Schreibers paid a $100,000 fine in Massachusetts to settle charges of fraudulent and defamatory collection practices. The plaintiff also contended his credit rating was impeccable before being injured by the Schreibers and that their false reports have forced him to pay higher financing charges and deal with embarrassing questions when applying for credit.

Injuries

The plaintiff claimed he suffered emotional distress and defamation.

Result

The case went to ADR and plaintiff was awarded $100,000. Defendants rejected the award.

Other Information

FILING DATE: Aug. 25, 2004.