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Visconti v. Trans Union, LLC

United States District Court, D. New Jersey

October 23, 2019

PAULA VISCONTI, Plaintiff,
v.
TRANS UNION, LLC, et al., Defendants.

          BRUCE K. WARREN, WARREN LAW GROUP, LLC On behalf of Plaintiff.

          ALAN E. SCHOENFELD, WILMER CUTLER PICKERING HALE AND DORR LLP On behalf of Defendant Chase Bank

          DANIEL J.T. MCKENNA, BALLARD SPAHR, LLP, ANDREW MICHELE CAROBUS, BALLARD SPAHR LLP On behalf of Defendant Discover Products, Inc.[1]

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         On January 16, 2019, Plaintiff, Paula Visconti, filed a complaint asserting violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq., and several state law violations, such as invasion of privacy and negligence, against twelve defendants.[2] Plaintiff avers the following verbatim:

16. Plaintiff is a seventy-five-year-old retired Chief Medical Physicist.
17. Plaintiff retired from a major East Coast Hospital System (Virtua Health) and wanted to take her interest of participating in a small business, previously medical physics consulting, to a new level by joining several very experienced friends in forming a small dog training company.
18. Plaintiff eventually became the Chief Financial Officer in Absolute Control Dog Training (ACDT) LLC in 2017, investing over one-half a million dollars in the project between 2017 and the first half of 2018.
19. Joseph R. Merry, Jr. (“Merry”) was the CEO of the company after convincing Plaintiff and other officers that he had the knowledge and contacts to grow the business.
20. Merry told the group that he was able to procure a contract with Duke Energy for ACDT LLC and its OBA Parks K9 Scent Detection to provide guard dogs and handlers 24/7 to 13 energy plants spanning 7 states[.]
21. The contract was worth approximately 400 hundred million dollars per annum to ACDT and Parks K9.
22. Merry produced a very detailed and lengthy signed contract from Duke Energy that was later found to be fraudulent.
23. As time went on the actions of Merry, especially from March onward in 2018, became more and more suspicious and it was learned that all of his boasting about business was ingeniously fabricated.
24. After admitting this to an ACDT principal, Perry Parks, and to subsidiary partners, Global K9 Protection Group based in Opelika, Alabama, who had joined with ACDT and Parks K9 in the 1st quarter of 2018 where the majority of the preparations to implement this massive contract were being undertaken, Merry fled the area and is now wanted by the Federal Bureau of Investigation. There are also 4 outstanding warrants for his arrest in the State of Massachusetts for earlier frauds.
25. Plaintiff discovered in late June of 2018 that not only had Merry depleted all the assets of ACDT, he had also opened up multiple credit and loan accounts in her name, using her personal information which he acquired during his multiple deceptions from November, 2017 through the first quarter of 2018.
26. Plaintiff throughout the end of June and much of July and into August as well notified all the creditors listed as defendants to this complaint, all of them multiple times, but none, not a single creditor took her allegations to be the truth and instead began a ...

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