ALEJANDRO N. MAYORKAS
United States Attorney
LEON W. WEIDMAN
Assistant U.S. Attorney
Chief, Civil Division
Assistant United States Attorney
California Bar Number:
Room , Federal Building
300 North Los Angeles Street
Los Angeles, CA 90012
Telephone: (213) 894-
Facsimile: (213) 894-
Attorney for Plaintiff
United States of America
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
UNITED STATES OF AMERICA
Plaintiff
v.
PERFORMANCE CAPITAL MANAGEMENT, INC., a California corporation,
Defendant.
CIVIL NO.
COMPLAINT
Plaintiff, the United States of America, acting upon notification and
authorization to the Attorney General by the Federal Trade Commission
("Commission"), by its undersigned
attorneys, for its complaint alleges as follows:
JURISDICTION AND VENUE
1. This is an action arising under §§ 5(a), 9, 13(b), and 16(a) of the
Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a), 49,
53(b), and 56(a), and the Fair Credit Reporting Act ("FCRA"), 15
U.S.C. §§ 1681-1681u, to secure permanent injunctive and other relief
for violations of the FTC Act and the FCRA, to obtain monetary civil
penalties for violations of the FCRA.
2. This Court has jurisdiction over this matter under 28 U.S.C.
§§ 1331, 1337, 1345, and 1355, and under 15 U.S.C. §§ 45(a),
SNIPPETS:
Assistant U.S. Attorney
Assistant United States Attorney California Bar Number:
CA 90012 Telephone: 894Facsimile: 894Attorney for Plaintiff United States of America
UNITED STATES DISTRICT COURT
Plaintiff, the United States of America, acting upon notification and authorization to the
for its complaint alleges as follows:
This is an action arising under §§ 5, 9, 13, and 16of the Federal Trade Commission Act, 15
The Commission is an independent agency of the United States Government given statutory
The Commission is charged, inter alia, with enforcing § 5of the FTC Act, 15 U.S.C. § 45,
Defendant Performance Capital Management, Inc. is a for-profit corporation organized,
the Fair Credit Reporting Act or FCRA refers to 15 U.S.C. §§ 1681-1681u,
Defendant maintains a course of trade in commerce, as "commerce" is defined in Section 4 of
As part of its collection activities, defendant reports to consumer reporting agencies
The acts and practices alleged in Paragraph 9 constitute violations of Section 623of the FCRA,
Pursuant to Section 621of the FCRA, 15 U.S.C. § 1681s, the acts and practices alleged in
PCM receives notices of dispute from consumer reporting agencies in the form of written
When PCM receives consumer dispute verification notices, it is the practice of PCM to compare
The defendant does not report oral disputes to the consumer reporting agencies to which it
CIVIL PENALTIES AND INJUNCTION
Each instance in which the defendant violated the FCRA since September 30, 1997, the date
|
