Discover Bank Facing Fair Credit Reporting Act Class Action Lawsuit

According to the complaint, filed by lead plaintiff Sasha Rizzo, the defendants included credit scores in documents published in circuit court while they were pursuing her as a debtor, in violation of federal consumer protection laws.

According to the proposed suit, the Kohn Law Firm attached Rizzo’s credit report to documentation in a matter concerning Discover Bank, 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 lawsuit states. “Defendants violated these privacy provisions and should now be held accountable.”

The complaint explains, “Discover is one of the largest banks in the United States, offering a variety of financial services to consumers in numerous states. ..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.”

Rizzo alleges that the defendant’s actions are an invasion of privacy. “[N]either Defendants Discover nor Kohn Law Firm had a permissible purpose for using and/or publishing such protected personal private information,” the complaint states.

Rizzo is seeking to represent current and former Discover credit card users whose credit reports were published in Wisconsin circuit court, from 2015. Further, the plaintiff seeks to represent current and former Discover card users who had their credit reports published by the Kohn Law Firm, from 2016.

In addition to damages, the plaintiff is seeking 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 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.

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