Consumer claims Capital One Auto Finance submitted unauthorized report inquiry

By Jenie Mallari-Torres | Mar 28, 2018

SAN DIEGO – A San Diego County consumer alleges her credit report was affected by an unauthorized inquiry.

Ophelia Augustine filed a complaint individually and on behalf of all others similarly situated on March 9 in the U.S. District Court for the Southern District of California against Capital One Auto Finance Inc. alleging violation of the Fair Credit Reporting Act.

According to the complaint, the plaintiff alleges that she suffered irreparable harm as a result of defendant’s unlawful and wrongful conduct to obtain her consumer account review credit report without any consent and for no permissible purpose. 

The plaintiff holds Capital One Auto Finance Inc. responsible because the defendant allegedly submitted an unauthorized consumer report inquiry.

The plaintiff requests a trial by jury and seek relief against defendant, certify the class, appoint plaintiff and counsel to serve as the class representative and class counsel, attorneys’ fees and costs, and other relief the court may deem just and proper. 

She is represented by Abbas Kazerounian, Mona Amini and Veronica Cruz of Kazerouni Law Group in Costa Mesa; Daniel G. Shay of Law Office of Daniel G. Shay in San Diego; and Joshua B. Swigart of Hyde & Swigart APC in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-00511

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