UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, Plaintiff,
v.
FRANKLIN ACCEPTANCE CORP., a Delaware corporation, Defendant.
Civil No.
COMPLAINT FOR CIVIL PENALTIES INJUNCTIVE AND OTHER RELIEF
Plaintiff, the United States of America, acting upon notification and
authorization to the Attorney General by the Federal Trade Commission
("Commission"), for its complaint alleges that:
1. Plaintiff brings this action under Sections 5(a)(1), 5(m)(1)(A), 9,
13(b), and 16(a) of the Federal Trade Commission Act ("FTC Act"), 15
U.S.C. §§ 45(a)(1), 45(m)(1)(A), 49, 53(b), and 56(a), as amended, and
under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C.
§§ 1691-1691(f), as amended, and under the Fair Credit Reporting Act
("FCRA"), 15 U.S.C. §§ 1681-1681t, as amended, to obtain monetary
civil penalties for defendants' violations of the ECOA and Federal
Reserve Board Regulation B, 12 C.F.R. § 202 ("Regulation B"), and
injunctive and other relief.
JURISDICTION AND VENUE
2. This court has jurisdiction over this action under 28 U.S.C.
§§ 1331, 1337(a), 1345, and 1355 and under 15 U.S.C. §§ 45(a)(1),
45(m)(1)(A), 49, 53(b), 56(a) and 1691c.
3. Venue in the Eastern District of Pennsylvania is proper under 15
U.S.C. § 53(b) and under 28 U.S.C. §§ 1391(c), and 1395(a).
DEFINITIONS
4. As used in this Complaint:
a. the Equal Credit Opportunity Act or the ECOA refers to 15 U.S.C.
§§ 1691-1691f, as amended;
b. "Regulation B" refers to the Federal Reserve Board Regulation B,
12 C.F.R. § 202, as amended;
c. the terms "adverse action," "applicant," "application,"
"credit," "consumer credit," and "creditor" are defined as provided
SNIPPETS:
UNITED STATES DISTRICT COURT
UNITED STATES OF AMERICA, Plaintiff,
COMPLAINT FOR CIVIL PENALTIES INJUNCTIVE AND OTHER RELIEF
Plaintiff, the United States of America, acting upon notification and authorization to the
Plaintiff brings this action under Sections 5, 5, 9, 13, and 16of the Federal Trade
the Equal Credit Opportunity Act or the ECOA refers to 15 U.S.C. §§ 1691-1691f,
the terms "adverse action," "applicant," "application," "credit," "consumer credit," and
the terms "consumer," "consumer report," and "consumer reporting agency" are defined as
Defendant Franklin Acceptance Corporation is a Delaware corporation, with its office and
Franklin Acceptance Corporation is a finance company engaged primarily in purchasing
At all times material herein, defendant has maintained a course of trade in or affecting
On numerous occasions, defendant has discriminated against an applicant because all or part
On numerous occasions, when defendant has taken adverse action on an application, defendant
Pursuant to Section 704of the ECOA, 15 U.S.C. § 1691c, defendant's violations of the ECOA are
On numerous occasions, when a consumer has been denied credit, either in whole or in part
CIVIL PENALTIES AND INJUNCTION
Each instance, during the five years preceding the filing of this complaint, in which
Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461,
Office of the United States Attorney
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