Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 1 of 15 Page ID#165 UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF MICHIGAN

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1 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 1 of 15 Page ID#165 CHRISTOPHER FRANKE, Plaintiff, UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF MICHIGAN -vs- Case No Hon. Robert J. Jonker FINANCIAL LEAD SERVICES, LLC COMPLETE DEBT SETTLEMENT,LLC, DEAN SUNDRLA, ANGELA COLE, DATAMYX, LLC, CONSUMER REPORTING AGENCY DOE I, CONSUMER REPORTING AGENCY DOE II, CONSUMER REPORTING AGENCY DOE III, Defendants. CLASS ACTION FIRST AMENDED COMPLAINT & JURY DEMAND Introduction The Fair Credit Reporting Act, 15 U.S. C. 1681b(f) regulates the access and use of consumer reports in order to protect consumer privacy. This case involves the illegal use of and access to the private financial data in the consumer reports of thousands of financially distressed consumers for the end purpose of marketing debt consolidation services to them. The Defendants are credit reporting agencies and marketing/lead generators that illegally bought and sold prescreened consumer lists. These lists included such private financial information as FICO scores, debt load and credit utilization rates along with the name, address and last four digits of the social security number of the consumer. The prescreened consumer lists constitute consumer reports that may only be accessed and used for a permissible purpose. 15 U.S. C.

2 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 2 of 15 Page ID# b(f). See Trans Union v FTC, 245 F.3d 809 (U.S. App. D.C. 2001). The lists were bought and sold in order to sell debt consolidation services to consumers in financial distress. This was an impermissible purpose under the FCRA constituting a violation of the privacy and security interests of the consumers included in the lists. Mr. Franke brings this class action on behalf of the thousands of consumers whose rights under the FCRA were violated and to stop Defendants practice of illegally accessing and using private financial information. Jurisdiction and Venue 1. Christopher Franke, brings this lawsuit under 15 U.S.C et seq. 2. The claims within the lawsuit arise under that federal law and this case presents a federal question. 3. Jurisdiction arises under 28 U.S.C and 15 U.S.C et seq. 4. Venue is proper in this Court. Parties 5. Christopher Franke, resides in Commerce Township, Michigan in Oakland County and maintains citizenship in the State of Michigan. 6. The Defendants to this lawsuit are: a. Financial Lead Services, LLC ( FLS ) which is a dissolved marketing company that conducted business out of 401 Hall St. SW, Suite 134, Grand Rapids, Michigan. b. Complete Debt Settlement, LLC ( Complete Debt Settlement ) which is debt consolidation company located in and conducting business out of its offices in 401 Hall St. SW, Suite 134, Grand Rapids, Michigan.

3 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 3 of 15 Page ID#167 c. Dean Sundrla, President, member, agent and chief managing officer of FLS and Complete Debt Settlement. At all times material to this Complaint, acting alone or in concert with others, he formulated, directed, controlled, had the authority to control, or participated in the acts and practices of FLS and Complete Debt Settlement, including the acts and practices set forth in this Complaint. Defendant Sundrla in connection with the matters alleged herein, transacts or has transacted business in this district. d. Angela Cole, manager of Complete Debt Settlement and agent for FLS and Dean Sundrla. At all times material to this Complaint, acting alone or in concert with others, she formulated, directed, controlled, had the authority to control, or participated in the acts and practices of FLS and Complete Debt Settlement, including the acts and practices set forth in this Complaint. Defendant Cole in connection with the matters alleged herein, transacts or has transacted business in this district. e. Datamyx, LLC ( Datamyx ), a data broker that operates out of Florida that provided consumer lists to FLS and which formerly operated under the name of Tranzact Information Services, LLC. f. Consumer Reporting Agency Doe I ( CRA Doe I ), a consumer reporting agency whose identity is not yet known, that supplied the consumer lists to Datamyx for ultimate sale to FLS. g. Consumer Reporting Agency Doe II ( CRA Doe II ), a consumer reporting agency whose identity is not yet known, that supplied the consumer lists to

4 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 4 of 15 Page ID#168 Datamyx for ultimate sale to FLS. h. Consumer Reporting Agency Doe III ( CRA Doe III ), a consumer reporting agency whose identity is not yet known, that supplied the consumer lists to Datamyx for ultimate sale to FLS. General Allegations Concerning FLS 7. FLS is a dissolved limited liability company formed in It was an extension of and alter ego of Complete Debt Settlement to provide marketing leads for Complete Debt Settlement, and other organizations that target consumers in financial distress for debt consolidation or loan modification services. 8. Its sole member was Dean Sundrla, who also operated as its chief manager and registered agent. In 2012 the registered office address of FLS was 401 Hall St. SW, Suite 134, Grand Rapids, MI Mr. Sundrla s operations out of the Hall Street address also include the operation of debt settlement services on behalf of a law firm that advertises itself as doing business on Hall Street, but in actuality has no staff there or attorneys licensed in the State of Michigan. 10. Upon information and belief, FLS did not have any employees during any point it was in operation and no payroll; alternatively, Dean Sundrla was the only employee of FLS. 11. Complete Debt Settlement is a company formed in 2008 that provides debt settlement services to consumers who are in financial distress. 12. Complete Debt Settlement operates out of its offices on 401 Hall St. SW, Suite 134, Grand Rapids, Michigan, Dean Sundrla is the chief manager and registered agent for Complete Debt Settlement

5 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 5 of 15 Page ID#169 and upon information and belief, its sole member. 14. Complete Debt Settlement has 14 employees. It employs consultants who solicit consumers to enroll in the debt settlement program and customer service representatives who negotiate debts with creditors. 15. Angela Cole is the manager for Complete Debt Settlement. 16. Angela Cole conducted the vast majority of business operations for FLS, including requesting and receiving consumer lists from data brokers and re-selling them to the customers of FLS. 17. Angela Cole had no title with FLS and received no wages from FLS for her work. 18. Rather, she performed the FLS work during Complete Debt Settlement work hours, while on its payroll and as a part of her job for Complete Debt Settlement. 19. Dean Sundrla along with Angela Cole formulated, directed, controlled, had the authority to control, or participated in the acts and practices of FLS. 20. FLS acted as an extension of Complete Debt Settlement and was in every practical sense, one and the same as Complete Debt Settlement. 21. FLS, Complete Debt Settlement, Dean Sundrla and Angela Cole operated in concert and as one and the same and will be referred hereinafter as the FLS Group. 22. From the beginning of 2010 through the end of 2012, the FLS Group purchased multiples of consumer lists from Datamyx in the course of its business of providing leads (consumers in financial distress) to companies in the debt consolidation business. 23. FLS Group arranged for the preparation and mass mailing of marketing letters to the consumer and re-sold the consumer lists to the debt consolidation companies.

6 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 6 of 15 Page ID# FLS Group obtained one such list from Datamyx containing name, address, debt load and FICO score for 56,000 people, one of which was Mr. Franke. 25. This list was purchased on behalf of and for re-sale to National Debt Services ( NDS ) and Debt Management Group, LLC, ( DMG ) which are affiliated entities that sell or provide debt consolidation or management services. 26. FLS conveyed the list to Advantage Direct365 Corp. for printing and mailing form letters the same or similar to the letter attached as Exhibit A. 27. The letter advertised a Debt Management Program by NDS that could eliminate unsecured debt within 36 months. 28. The letter included Mr. Franke s and the other consumers total estimated credit card debt and percentage debt load. 29. The consumer list from which the letters were prepared, constitute consumer reports for purposes of the FCRA. 30. FLS Group did not have a permissible purpose to access or use the consumer reports which they have obtained. 31. FLS Group obtained the consumer reports under false pretenses and misused the information contained within those lists to market products and services which are not authorized under the FCRA. 32. FLS Group falsely certified it had a permissible purpose in accessing and using Mr. Franke s and the class members consumer reports. 33. FLS failed to identify to Datamyx the end-user of the reports and the permissible purpose for which it was to furnish the report.

7 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 7 of 15 Page ID# FLS Group re-sold the consumer reports it obtained from a Datamyx without a permissible purpose. 35. FLS Group, as a re-seller of credit information is a credit reporting agency for purposes of the FCRA. 15 U.S. C. 1681a(f) and (u). Allegations Concerning Datamyx 36. Datamyx is a consumer reporting agency and a re-seller for purposes of the FCRA. 37. Datamyx provides consumer reports through its web site, 38. Datamyx provides tri-bureau reports to its customers seeking to market consumer services and makes these available to companies looking to market services: Backed by one of the most comprehensive and accurate consumer databases in the country, our team of direct marketing experts is uniquely positioned to help you improve the performance of your direct marketing campaigns by leveraging a broad array of highly sophisticated analytical and technological tools. Learn how to leverage our products and services to design highly effective direct mail and telemarketing campaigns. (Las visited May 27, 2013). 39. These lists included the name, address, debt load and FICO score of the consumer, all of which is information which the FCRA prohibits consumer reporting agencies from delivering absent a permissible purpose, such as a request for credit initiated by the consumer. 40. Lists such as those made available by Datamyx do not constitute presecreened lists which might otherwise be sold by Datamyx to companies making firm offers of credit. 41. Rather, lists of reports such as those made available by Datamyx may only be delivered to companies that have received requests for credit or services.

8 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 8 of 15 Page ID# A casual review of the business operations of FLS would reveal to any reasonable person that FLS had no permissible purpose. 43. Even assuming Datamyx simply erred in initially allowing FLS to access consumer reports, the sheer volume of reports requested and the nature of the reports gave Datamyx ample notice that FLS had no permissible purpose and was misusing reports. 44. Upon information and belief, Datamyx subscribes to one or all of the three major credit reporting agencies (Equifax Information Services, LLC, Experian Information Solutions, Inc., and Trans Union, LLC) in order to obtain consumer reports. 45. Datamyx purchased the information in the consumer lists from one or all of CRA Doe I, II or III. 46. Datamyx falsely certified it had a permissible purpose in accessing and using Mr. Franke s and the class members consumer reports. 47. Datamyx re-sold the consumer reports it obtained from one or all of the credit reporting agencies to FLS without a permissible purpose. 48. Datamyx, as a re-seller of credit information is a credit reporting agency for purposes of the FCRA. 15 U.S. C. 1681a(f) and (u). 49. Datamyx did not have a permissible purpose in furnishing the consumer reports to FLS. 50. CRA Doe I, II and/or III furnished the reports without a permissible purpose. FCRA Allegations 51. Christopher Franke satisfies the definition of a consumer as defined by the FCRA, 15 U.S.C et seq. at 1681a(c). 52. FLS Group is a user of credit information as contemplated by the Fair Credit Reporting

9 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 9 of 15 Page ID#173 Act (FCRA), 15 U.S.C at 1681a(c). 53. FLS Group accessed and used private financial information in consumer reports of Mr. Franke and other class members, in violation of the consumer privacy sections of the Fair Credit Reporting Act, 15 U.S.C. 1681b and 1681b(f). 54. FLS Group did not have a permissible purpose to access and/or use the reports of Mr. Franke and class members under 15 U.S.C. 1681b. 55. FLS Group is a credit reporting agency for purposes of the FCRA. 56. Datamyx is a credit reporting agency for purposes of the FCRA. 57. FLS Group, Datamyx and CRA Doe I, II, and III are required to use reasonable procedures to limit the furnishing of consumer reports to a 1681b permissible purpose. 58. FLS Group failed to implement reasonable procedures to ensure the furnishing of consumer reports was limited to a 1681b permissible purpose. 59. FLS Group knew, or should have known the prospective use of reports by the debt consolidation entities was without a permissible purpose and thus acted in violation of 1681e(a) and 1681e(e). 60. Datamyx failed to implement reasonable procedures to ensure the furnishing of consumer reports was limited to a 1681b permissible purpose. 61. Datamyx failed to identify and verify the prospective use of reports by the FLS Group in violation of 1681e(a) and 1681e(e). 62. CRA I, II and III failed to implement reasonable procedures to ensure the furnishing of consumer reports was limited to a 1681b permissible purpose. 63. CRA I, II and III failed to identify and verify the prospective use of reports by the

10 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 10 of 15 Page ID#174 Datamyx in violation of 1681e(a) and 1681e(e). 64. As a direct and proximate cause, Mr. Franke and class members have suffered an unwarranted invasion of privacy and violation of their rights under the FCRA. Class Definition and Class Issues 65. Mr. Franke brings this action on behalf of himself and a class of all other persons similarly situated, pursuant to Fed. R. Civ. P Mr. Franke proposes to represent the following three classes: a. All persons within the United States whose consumer reports were acquired by the FLS Group in the five years preceding the filing of this complaint and used by FLS to market debt consolidation services; b. All persons within the United States whose consumer reports were re-sold by the FLS Group in the five years preceding the filing of this complaint to another entity; c. All persons within the United States whose consumer reports were used by Datamyx in the five years preceding the filing of this complaint and sold to companies that operated as lead generators for debt consolidation services; d. All persons within the United States whose consumer reports were sold by CRA Doe I, II and III to Datamyx for re-sale to companies that operated as lead generators for debt consolidation services. 67. Upon information and belief, Defendants accessed and used the consumer reports of at least 56,000 people. 68. The class is so numerous as to make it impracticable to join all the disparate members of

11 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 11 of 15 Page ID#175 the classes. 69. The class claims in this case present common questions of law and fact including whether: a. Defendants accessed and used consumer reports; b. Defendants certified a permissible purpose in accessing and using consumer reports; c. Defendants had a permissible purpose in using the reports; d. Defendants falsely certified their permissible purpose; e. Defendants furnished consumer reports for an impermissible purpose; f. Defendants implemented reasonable procedures to ensure the furnishing of consumer reports was limited to a 1681b permissible purpose; g. Defendants failed to vet or identify the prospective use of the reports. h. Defendants conduct was knowing and/or willful; 70. Mr. Franke s claims are typical of the claims of the class members; Mr. Franke bases his claims and those on behalf of the class upon the same legal and remedial theories. 71. Mr. Franke will fairly and adequately protect the interests of all class members in the prosecution of this action and in the administration of all matters relating to the claims in this case. 72. Mr. Franke has suffered similar injuries as the members of the classes that he seeks to represent. 73. Mr. Franke has retained counsel experienced in handling class action suits involving unfair business practices and consumer law.

12 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 12 of 15 Page ID# Neither Mr. Franke nor his counsel have any interest which might cause them not to vigorously pursue this action. 75. This complaint seeks monetary damages under Fed.R.Civ.P. 23(b)(3). 76. These common questions predominate over any question affecting only individual class members. 77. No individual class member could be expected to hold a strong interest in individually controlling the prosecution of separate claims against Defendants, because the claim amounts are likely small and involve statutory damages under the FCRA. Consequently, a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 78. Management of these claims will likely present few difficulties because FLS Group has retained and turned over many of the records necessary to assemble a class list in an easily usable format. Upon information and belief, Datamyx, CRAI, CRAII, and CRAIII have the capability of producing similar lists which will enable the Court to identify the class members. Count I: Fair Credit Reporting Act Access and Use Claims, 15 U.S.C. 1681b(a), (f) and 1681q (FLS Group and Datamyx) 79. Mr. Franke incorporates the preceding allegations by reference. 80. The FLS Group and Datamyx accessed and used the consumer reports of Mr. Franke and other class members in violation of 15 U.S.C b(f) and 1681n. 81. FLS Group and Datamyx knowingly and willfully obtained the information from the consumer reports of Mr. Franke and the other class members under false pretenses and

13 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 13 of 15 Page ID#177 are liable under 15 U.S.C. 1681q and 1681n. 82. Mr. Franke and the class member have suffered damages as a result of these violations of the FCRA. Count II: Fair Credit Reporting Act Furnishing Claims, 15 U.S.C. 1681b and 1681e (FLS Group, Datamyx and CRA Does I, II, and III) 83. Mr. Franke incorporates the preceding allegations by reference. 84. FLS Group furnished the consumer reports of Mr. Franke and other class members to NDS and DMG and in violation of 15 U.S.C. 1681b(a) and 1681e. 85. FLS Group failed to implement and use reasonable procedures to limit the provision of consumer reports to a 1681b permissible purpose. 86. FLS Group knew or should have known the prospective use of reports by NDS and DMG was for a 1681b impermissible purpose and thus acted in violation of 1681e(a) and e(e). 87. Datamyx furnished the consumer reports of Mr. Franke and other class members in violation of 15 U.S.C. 1681b(a) and 1681e. 88. Datamyx failed to implement and use reasonable procedures to limit the provision of consumer reports to a 1681b permissible purpose. 89. Datamyx failed to identify and verify the prospective use of reports by the FLS Group in violation of 1681e(a) and e(e). 90. CRA Doe I, II and III furnished the consumer reports of Mr. Franke and other class members in violation of 15 U.S.C. 1681b(a) and 1681e. 91. CRA Doe I, II and III failed to implement and use reasonable procedures to limit the

14 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 14 of 15 Page ID#178 provision of consumer reports to a 1681b permissible purpose. 92. CRA Doe I, II and III failed to identify and verify the prospective use of reports by Datamyx in violation of 1681e(a) and e(e). 93. FLS Group and Datamyx knowingly and willfully obtained and re-sold the information from the consumer reports of Mr. Franke and the other class members under false pretenses and are liable under 15 U.S.C. 1681q. 94. FLS Group, Datamyx and CRA Doe I, II and III willfully violated 15 U.S.C. 1681b(a), 1681b(f) and 1681e(a), e(e) and are liable for their willful violations under 15 U.S.C. 1681n. 95. Mr. Franke and the class member have suffered damages as a result of these violations of the FCRA. Jury Demand 96. Mr. Franke demands trial by jury. Relief Requested 97. ACCORDINGLY, Mr. Franke respectfully requests that this Court grant the following relief: a. Certify this matter as a class action appointing Christopher Franke as the representative of the class and appointing his counsel as Class Counsel; b. An injunction requiring the Defendants to cease furnishing and/or accessing and using consumer reports for the marketing of debt consolidation services. i) Statutory damages, punitive damages, costs and attorney fees.

15 Case 1:12-cv RJJ Doc #28 Filed 06/10/13 Page 15 of 15 Page ID#179 Respectfully Submitted, Dated: June 4, 2013 By: s/ Julie A. Petrik (P47131) Attorney for Christopher Franke Northwestern Highway, Ste. 206 Southfield, MI (248)

16 Case 1:12-cv RJJ Doc #28-1 Filed 06/10/13 Page 1 of 2 Page ID#180

17 Case 1:12-cv RJJ Doc #28-1 Filed 06/10/13 Page 2 of 2 Page ID#181

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