Thursday, September 24, 2015

Alleged Credit Report Access Leads To Bar Charges

The Illinois Administrator has filed a complaint alleging that an attorney used information obtained through discovery to illegally access a opposing party's credit history.

... through the course of pretrial discovery, Respondent obtained Jacek’s personal identifying information, including his social security number, as well as information concerning Jacek’s financial history.

On or about December 5, 2014, Respondent visited the website, an online consumer credit reporting site which allows consumers to access their own credit reports.

Pursuant to 15 U.S.C. § 1681q, any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than two years, or both.

On or about December 5, 2014, Respondent entered Jacek’s identifying information, including Jacek’s name, address, date of birth, and social security number, into the website for the purpose of obtaining Jacek’s credit report.

On or about December 5, 2014, Respondent obtained Jacek’s credit report from the website.

At no time did Respondent request or receive Jacek’s permission or authorization to obtain Jacek’s credit report.

On December 8, 2014, Respondent filed on behalf of Bozena four reply briefs in Cook County Circuit Case No. 2013 D 7670. The reply briefs related to petitions for Jacek to pay additional child support and contribute to various expenses. As an exhibit to each reply brief, Respondent attached a portion of Jacek’s credit report that Respondent obtained from

 On December 11, 2014, after discovering that Respondent had obtained Jacek’s credit report without permission or authority, Jacek’s attorney, Lucas Figiel, filed an emergency motion for an order prohibiting Respondent from using Jacek’s credit report.

On December 11, 2014, after a hearing on Figiel’s emergency motion, Judge John Thomas Carr entered an order prohibiting Respondent from using Jacek’s credit report.

The underlying case involves marriage dissolution. (Mike Frisch)

Bar Discipline & Process | Permalink


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