Consumer Sues DirecTV/AT&T, Experian Over False Credit Reporting
AT&T and DirecTV reported, and continue to report, a noncustomer to credit reporting agency Experian for nonpayment of bills he doesn’t owe, alleged plaintiff John Gerling in a Thursday fraud lawsuit (docket CL-23-3024) in Texas County Court in Hidalgo.
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The Mission, Texas, resident was attempting to apply for a credit card account at a Costco store in May when he was denied for credit due to a “delinquent credit obligation(s)," said a letter he received from Experian, showing a balance due of $675 to AT&T/DirecTV. The previous year, Gerling received several phone calls from DirecTV and told the representative he didn’t have an account for his Mission home with DirecTV, and if the satellite provider put the bill on his credit history, he would “sue them,” said the complaint. Gerling has never had a DirecTV account, nor has he been billed for one, it said.
On June 14, Gerling’s counsel sent a letter to Experian demanding it remove “any and all derogatory statements" on his credit report involving the AT&T/DirecTV account, said the complaint. Counsel sent a demand June 15 to AT&T to remove any claims of a debt Gerling owed to AT&T, “since Plaintiff has never had an account with Defendant for his Mission home.” As of the Thursday filing date, Experian continues to report Gerling owes a debt to AT&T, “which is not true,” it said. The false reporting of a debt or claim of delinquency injured Gerling and his credit reputation, it said.
At the time AT&T transmitted false information to Experian, it knew Gerling didn’t have an account with DirecTV, owe any money or was delinquent in any way on a DirecTV account, said the complaint. The transmission of the fraudulent claim against Gerling’s interest “in a clean credit record which is his personal property,” was intended by AT&T “to cause Plaintiff to suffer a financial injury," a denial of access to "his creditworthiness,” it said.
Even after being notified of the false reporting information, both AT&T and Experian “continued to transmit this false information” that was “designed to cause financial injury” to Gerling, said the complaint.
Gerling claims violation of chapter 12 of the Texas Civil Practice and Remedies Code and seeks $10,000 per violation, plus attorneys’ fees and legal costs, and exemplary damages, said the complaint. He also requests temporary restraining orders against AT&T from transmitting and publishing false information about him about an alleged debt. At the conclusion of temporary restraining orders, he requests that a permanent injunction be issued in conjunction with a final judgment against both defendants.