Lee v. K.B.R., Inc. CA1/2

BACKGROUND

I. Prior Individual Action In January 2012, Lee filed a complaint against Professional Recovery Systems, Inc. (PRS), Rash Curtis (RC), and Doe defendants. Lee alleged she had received a credit report indicating that PRS and RC had negatively reported the same debt twice. Lee also alleged she had notified defendants in January 2011 that she was disputing the debt, but thereafter PRS failed to note the dispute on her credit report. The complaint asserted two causes of action based on defendants’ actions: (1) violation of section 1788.17 of the Rosenthal Fair Debt Collection Practices Act (Civ. Code, § 1788.1 et seq.)1 (RFDCPA); and (2) violation of section 1785.25, subdivision (a) (section 1785.25(a)) of the Consumer Credit Reporting Agencies Act (§ 1785.1 et seq.) (CCRAA). The complaint sought damages, attorney fees, declaratory relief, and injunctive relief “prohibiting defendants from engaging in such

1All further statutory references are to the Civil Code unless otherwise indicated.

2 conduct in the future.” Despite the complaint’s caption identifying Lee as the plaintiff “on behalf of herself and others similarly situated” and her counsel as “FOR PLAINTIFF AND THE…