United States District Court, M.D. Pennsylvania
RONALD MILLER, on behalf of himself and all others similarly situated Plaintiff,
TRANS UNION, LLC., Defendant.
MEMORANDUM OPINION AND ORDER
MARTIN C. CARLSON, Magistrate Judge.
I. Procedural History and Statement of Facts
Ronald Miller commenced this lawsuit as a putative class action by filing a complaint on August 28, 2012, under the Fair Credit Reporting Act (FCRA). (Doc. 1.) After detailing the legal background of both the FCRA and the OFAC list, a list maintained by the United States Treasury Department's Office of Foreign Assets Control, ("OFAC"), of entities and individuals identified as hostile to the United States, Miller's putative class action complaint alleged that on October 13, 2011, the plaintiff obtained from Trans Union a copy of the credit history file which that reporting service maintained relating to him. According to Miller:
Beneath the heading "End of Credit Report, " the October 13, 2011, file stated as follows:
-Begin Additional Information-
The following disclosure of information is provided as a courtesy to you. This information is not part of your Trans Union credit report, but may be provided when Trans Union receives an inquiry about you from an authorized party. This additional information can include Special Messages, Possible OFAC Name Matches, Income Verification and Inquiry Analysis Information. Any of the previously listed information that pertains to you will be listed below.
(Doc. 1, ¶31.)
Miller's complaint then alleges that his Trans Union file contained the following additional recital:
The files states:
Possible OFAC Match
The OFAC Database contains a list of individuals and entities that are prohibited by the U.S. Department of Treasury from doing business in or with the United States. Financial institutions are required to check customers' names against the OFAC Database, and if a potential name match is found, to verify whether their potential customer is the person on the OFAC Database. For this reason, some financial institutions may ask for your date of birth, or they may ask to see a copy of a government-issued form of identification, such as a Driver's License, Social Security card, passport or birth certificate. Some financial institutions will search names against this database themselves, or they may ask another company, such as Trans Union, to do so on their behalf. We want you to know that this information may be provided to such authorized parties. As a courtesy to you, we also want to make sure you are aware that the name that appears on your Trans Union credit file is considered a potential match to information listed on the United States Department of Treasury's Office of Foreign Asset Control ("OFAC") Database. The OFAC record that is considered a potential match to the name on your credit file is:
For more details regarding the OFAC Database, please visit ...