Discover Class Action Says Credit Scores Published in Violation of FCRA

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Discover Bank and Kohn Law Firm were hit with a class action lawsuit alleging that they include credit scores in their pursuit of debtors in violation of the Fair Credit Reporting Act.

Lead plaintiff Sasha Rizzo alleges in her class action lawsuit that her credit score was included in documents published in circuit court in violation of federal consumer protection laws.

The plaintiff claims that the Kohn Law Firm, located in Wisconsin, attached her credit report in a matter concerning Discover Bank, a credit card lender, in local court.

“The Fair Credit Reporting Act was passed to keep consumer credit reports strictly private and protected from unlawful disclosure to unauthorized parties,” the Discover class action lawsuit states. “Defendants violated these privacy provisions and should now be held accountable.”

Rizzo says that the Kohn Law Firm went after her for her Discover credit card debt in state court. In doing so, the law firm filed in Eau Claire County court for the remaining balance and fees. However, in supporting documentation, Kohn allegedly included the plaintiff’s credit score, along with her billing statement.

“Discover is one of the largest banks in the United States, offering a variety of financial services to consumers in numerous states,” the Discover Bank lawsuit claims. “Wisconsin consumers may have, at one time or another, defaulted on Discover card obligations,” continues the complaint. “Defendant Law Firm conducts debt collection activities throughout the state of Wisconsin and has filed collection actions against consumers on behalf of Defendant Discover. Defendants routinely filed collection actions in the State of Wisconsin and attach to those suits the consumer reports / credit scores.”

According to the class action complaint, the plaintiff and others suffered an invasion of privacy when the law firm and Discover included credit scores in public court filings. “[N]either Defendants Discover nor Kohn Law Firm had a permissible purpose for using and/or publishing such protected personal private information,” alleges the complaint.

The plaintiff seeks to represent current and former Discover credit card users whose credit report was published in circuit court since 2015. In addition, the plaintiff seeks to represent current and former Discover card users whose credit report was published by the Kohn Law Firm since 2016.

“Upon information and belief, Defendants have on more than one hundred (100) occasions within the past two (2) years filed state court collection actions against similar account holders in the State of Wisconsin wherein it unlawfully ‘used’ the consumer report/score,” the Discover class action lawsuit claims.

The plaintiff is seeking damages as well as an injunction against Discover Bank and Kohn Law Firm from disclosing credit reports in collection actions.

Rizzo is represented by Thomas J. Lyons Jr. of the Consumer Justice Center, Thomas J. Lyons of the Lyons Law Firm, and Joshua D. Christianson of Freund Law Office.

The Discover FCRA Class Action Lawsuit is Sasha Rizzo v. Discover Bank, et. al., Case No. 3:17­-cv-­00408, in the U.S. District Court for the Western District of Wisconsin.