Lawsuit Alleges Vivint Solar Procured Credit Reports Without Authorization

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Vivint Solar Inc. is the defendant in a proposed class action filed over alleged Fair Credit Reporting Act (FCRA) and California Consumer Credit Reporting Agencies Act (CCRAA) violations. The complaint alleges Vivint routinely procures credit reports from Trans Union without a permissible purpose.

Upon reviewing his Trans Union credit report in February 2017, the plaintiff says he noticed Vivint accessed his credit file back in March 2015. Vivint allegedly made a “general or specific certification” to the credit agency that it sought the plaintiff’s information because he “had initiated a credit transaction with [the defendant] and [the plaintiff] needed to review [his] credit account to [the defendant] to determine whether [the plaintiff] continued to meet the terms of said account.” The case claims the plaintiff never conducted any business or incurred any financial obligations to Vivint. From the lawsuit:

“Upon information and belief, by impermissibly pulling a consumer’s credit report, [Vivint] takes an unfair competitive advantage in the marketplace by better identifying consumers’ assets, intimate personal information, and financial standing which all allow [Vivint] to selectively determine ideal clients for its products, an advantage other competitors in the marketplace are not afforded when adhering to the law.”

The plaintiff further claims Vivint uses consumers’ credit reports for marketing and research purposes, as well as for sale to third parties.