 (Count I:  15 U.S.C. § 1681b(b)(1))   16.  Congress has imposed a comprehensive statutory scheme governing the reporting  and use of information concerning consumers’ backgrounds in the employment context.  A key  component of Congress’s oversight is giving consumers the right to control the dissemination of  their private information in consumer reports used for employment purposes.     17.  To ensure that consumer reporting agencies have “a respect for the consumer’s  right to privacy,” Congress required that before furnishing a consumer report about an individual  for employment purposes, a consumer reporting agency must obtain a certification from the user  certifying that the consumer has authorized the consumer reporting agency to furnish the report.   15 U.S.C. § 1681b(b).   19.  Thus, according to 15 U.S.C. § 1681b(b), a consumer reporting agency may not  furnish to a user a consumer report for employment purposes unless the user has certified to the  consumer reporting agency that it has complied with paragraph (2) of Section 1681b(b) with  respect to the consumer report, and that it will comply with paragraph (3) of Section 1681b(b)  with respect to the consumer report.   21.  On a systemic and nationwide basis, Defendant undermined Congress’s carefully-  designed requirements for protecting consumers’ rights to privacy, unlawfully furnishing  consumer reports without obtaining certifications that the individual consumers had authorized it  to do so.  Defendant unlawfully placed its business interests above the rights of consumers,  thereby depriving consumers of their right to control the dissemination of their personal  information under the FCRA.   22.  Based on Defendant’s conduct, Plaintiff asserts FCRA claims on behalf of himself  and the Class defined below.  Plaintiff seeks statutory damages, punitive damages, equitable  relief, attorneys’ fees, expenses, costs, and all other appropriate relief.  Background Reports Furnished by Defendant   23.  In July 2014, Stevenson Automotive, Inc. ordered a consumer report regarding  Plaintiff from Defendant for employment purposes.   24.  Shortly thereafter, Defendant furnished Plaintiff’s consumer report to Stevenson  Automotive, Inc.   25.  Upon information and belief, at the time it furnished Plaintiff’s consumer report  to Stevenson Automotive, Inc., Defendant had not obtained from Stevenson Automotive, Inc. a  certification that Stevenson Automotive, Inc. “has complied with paragraph (2) [of Section  1681b(b)] with respect to the consumer report, and the person will comply with paragraph (3)  with respect to the consumer report if paragraph (3) [of Section 1681b(b)] becomes applicable.”   27.  Upon information and belief, and at all times relevant to this action, Defendant  has required the users to whom it furnishes consumer reports for employment purposes sign  service agreements, which require that the users prospectively certify that they will comply with  the Fair Credit Reporting Act, including Section 1681b(b)(1).   28.  Defendant has violated Section 1681b(b)(1) by furnishing consumer reports  regarding Plaintiff and other class members for employment purposes without first obtaining  from the persons who obtained such report a certification that such person “has complied with  paragraph (2) [of Section 1681b(b)] with respect to the consumer report, and the person will  comply with paragraph (3) with respect to the consumer report if paragraph (3) [of Section  1681b(b)] becomes applicable.”   29.  Defendant knew or should have known about its legal obligations under the  FCRA. The language of Section 1681b(b)(1) is plain and clearly ascertainable. According to  Section 1681b(b)(1)(A), a “consumer reporting agency may furnish a consumer report for  employment purposes only if -- (A) the person who obtains such report from the agency certifies  to the agency that-- (i) the person has complied with paragraph (2) with respect to the consumer  report, and the person will comply with paragraph (3) with respect to the consumer report if  paragraph (3) becomes applicable; and (ii) information from the consumer report will not be used  in violation of any applicable Federal or State equal employment opportunity law or regulation.”  (Emphasis added.)   31.  Despite knowing of these legal obligations, Defendant intentionally or recklessly  acted consciously in breaching its known duties and depriving Plaintiff and other Class members  of their rights under the FCRA. Plaintiff believes that Defendant did not obtain proper and valid  certifications before furnishing consumer reports to its clients because Defendant did not want to  incur the expenses associated with obtaining such certifications as to each consumer as to whom  a consumer report was generated and provided by Defendant.   32.  As a result of these FCRA violations, Defendant is liable for statutory damages  from $100 to $1,000 for each violation pursuant to 15 U.S.C. § 1681n(a)(1)(A), punitive  damages pursuant to 15 U.S.C. § 1681n(a)(2), equitable relief, and attorney’s fees and costs  pursuant to Section 1681n and Section 1681o.  Defendant Acted Willfully   33.  Defendant knew or should have known that it is a consumer reporting agency  subject to the FCRA.   34.  As a nationwide CRA, Defendant was well aware that it was subject to the  mandates and requirements of the FCRA and knew or should have known about its legal  obligations under the FCRA.  These obligations are well-established in the plain language of the  FCRA and in case law applying those provisions.   36.  Despite at least constructive knowledge of these legal obligations, Defendant  acted consciously in breaching its known duties and depriving Plaintiff, and similarly situated  individuals, of their rights under the FCRA.   37.  Defendant’s conduct was at least reckless in failing to appropriately and  effectively ascertain the FCRA provisions governing its conduct and implementing procedures  designed to comply with the FCRA’s mandates.  38.  Plaintiff asserts his claims in Count I on behalf of a putative Class defined as  follows:  Proposed Class:  All persons residing in the United States (including all  territories and other political subdivisions of the United States) as to whom  IntelliCorp Records, Inc. furnished a consumer report for employment purposes  within the period prescribed by FCRA, 15 U.S.C. § 1681p, without first obtaining  from the user of the report a certification that such user had complied with its  obligations under Section 1681b(b)(2) as to the subject of the consumer report.   39.  Numerosity:  The members of the Class are believed to be in excess of 100,000  and are so numerous that joinder of all members is impractical. The names and addresses of the  Class members are identifiable through documents maintained by the Defendant, and the Class  members may be notified of the pendency of this action by published and/or mailed notice.   40.  Typicality:  Plaintiff’s class claims are typical of the claims of Class members.  Plaintiff for class certification purposes seeks only statutory and punitive damages. In addition,  Plaintiff is entitled to relief under the class claims as the other members of the Class.   42.  Commonality:  Common questions of law and fact exist as to all members of the  Class. These questions predominate over the questions affecting only individual members. These  common legal and factual questions include, among other things:   a. Whether Defendant violated Section 1681b(b)(1) by furnishing consumer  reports for employment purposes without first obtaining from persons to whom it  furnished such report a certification by such person as to each consumer report it  furnished that such person “has complied with paragraph (2) [of Section  1681b(b)] with respect to the consumer report, and the person will comply with  paragraph (3) with respect to the consumer report if paragraph (3) [of Section  1681b(b)] becomes applicable.”   b. Whether Defendant’s violations were willful.   44.  Plaintiff realleges Paragraph Nos. 1-43 as if fully set forth herein.   45.  According to Section 1681b(b)(1)(A), a “consumer reporting agency may furnish  a consumer report for employment purposes only if -- (A) the person who obtains such report  from the agency certifies to the agency that-- (i) the person has complied with paragraph (2) with  respect to the consumer report, and the person will comply with paragraph (3) with respect to the  consumer report if paragraph (3) becomes applicable; and (ii) information from the consumer  report will not be used in violation of any applicable Federal or State equal employment  opportunity law or regulation.”   46.  By failing to obtain the required specific certification from persons to whom  Defendant furnished consumer reports as to each consumer report provided before providing the  specific consumer report that was the subject of the certification, Defendant violated the express  requirement of Section 1681b(b)(1).    48.  Plaintiff and the Class members are entitled to statutory damages of not less than  $100 and not more than $1,000 for each and every one of these violations, pursuant to 15 U.S.C.  § 1681n.   49.  Plaintiff and the Class members are also entitled to recover their costs and  attorneys’ fees, as well as appropriate equitable relief in an amount to be determined by the  Court. .  The Statutory Landscape  