Class Action Complaint Alleges Aven Financial, Inc. Engaged in Illegal Hard Credit Pulls
SAN DIEGO, CA, UNITED STATES, March 7, 2025 /EINPresswire.com/ -- On March 4, 2025, the Swigart Law Group, APC filed a federal Class Action lawsuit against Aven Financial, Inc. (“Aven”), on behalf of Plaintiff Arianna Marino. The complaint alleges violation of the Fair Credit Reporting Act (“FCRA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”) and seeks monetary damages on behalf of Plaintiff Arianna Marino and similarly situated class members.
Ms. Marino utilized Aven’s credit monitoring mobile application entitled “Aven Advisor: Credit Check App” to assist Plaintiff in monitoring Plaintiff’s credit score, track active subscriptions, and receive various financial insights. One of the Aven application’s features offers a weekly Starbucks gift card for users who maintain a high credit score. Around February 25, 2025, Ms. Marino attempted to redeem the Starbucks gift card through the Aven application.
Within minutes, Ms. Marino received an alert from Experian notifying Plaintiff of a new hard inquiry on Plaintiff’s credit report. Ms. Marino then received emails and text messages from Aven congratulating and welcoming Ms. Marino as a new customer and informed Ms. Marino that she would receive a new “card” in the mail in the next 5 to 10 business days. Ms. Marino was shocked.
Ms. Marino researched this new card that Aven was sending her and to her disbelief discovered that Aven had opened a Home Equity Line of Credit (“HELOC”) in Ms. Marino’s name. At no point in time did Ms. Marino apply for a HELOC nor did Ms. Marino authorize Aven to access Ms. Marino’s credit reports. Ms. Marino immediately called Aven’s customer service number.
While on the phone with Aven’s customer service representative, Aven assured Ms. Marino that the HELOC application submitted and subsequently approved by Aven was not the result of fraud, but due to a “technical bug” in Aven’s system. Aven’s representative explained that Ms. Marino had been pre-qualified for a HELOC and due to the “technical bug” in Aven’s mobile application, when Ms. Marino redeemed her Starbucks gift card, that inadvertently triggered an “acceptance” of the pre-qualified HELOC offer. As a result of Aven’s “technical bug” Aven, without Ms. Marino’s authorization, consent, or intention Aven accessed Ms. Marino’s credit report, qualified Ms. Marino for a HELOC, and opened a HELOC account in Ms. Marino’s name.
Therefore, Aven accessed Ms. Marino’s credit reports without Ms. Marino’s authorization or permission. The class complaint describes in detail that Ms. Marino did not seek an extension of credit from Aven, and that Ms. Marino’s credit report was not furnished to Aven in connection with the extension of credit authorized by Ms. Marino. Yet, the class complaint alleges that Aven conducted the hard inquiry anyway and subsequently opened a HELOC account in Ms. Marino’s name. As such, Aven violated the Fair Credit Reporting Act and the California equivalent (CCRAA) which provide statutory monetary damages to harmed consumers.
As a result of Aven’s conduct, Ms. Marino’s credit score decreased, and materially misleading and incorrect information was included on Ms. Marino’s credit reports. Angry and frustrated, Ms. Marino had no choice but to retain the Swigart Law Group, APC, a consumer rights firm practicing exclusively on behalf of aggrieved individuals to pursue legal action. The case, Marino v. Aven Financial, Inc., Case No. 3:25-cv-00503-BAS-DEB, is currently pending in the United States District Court for the Southern District of California.
See a copy of the Swigart Law Group complaint here.
Ms. Marino utilized Aven’s credit monitoring mobile application entitled “Aven Advisor: Credit Check App” to assist Plaintiff in monitoring Plaintiff’s credit score, track active subscriptions, and receive various financial insights. One of the Aven application’s features offers a weekly Starbucks gift card for users who maintain a high credit score. Around February 25, 2025, Ms. Marino attempted to redeem the Starbucks gift card through the Aven application.
Within minutes, Ms. Marino received an alert from Experian notifying Plaintiff of a new hard inquiry on Plaintiff’s credit report. Ms. Marino then received emails and text messages from Aven congratulating and welcoming Ms. Marino as a new customer and informed Ms. Marino that she would receive a new “card” in the mail in the next 5 to 10 business days. Ms. Marino was shocked.
Ms. Marino researched this new card that Aven was sending her and to her disbelief discovered that Aven had opened a Home Equity Line of Credit (“HELOC”) in Ms. Marino’s name. At no point in time did Ms. Marino apply for a HELOC nor did Ms. Marino authorize Aven to access Ms. Marino’s credit reports. Ms. Marino immediately called Aven’s customer service number.
While on the phone with Aven’s customer service representative, Aven assured Ms. Marino that the HELOC application submitted and subsequently approved by Aven was not the result of fraud, but due to a “technical bug” in Aven’s system. Aven’s representative explained that Ms. Marino had been pre-qualified for a HELOC and due to the “technical bug” in Aven’s mobile application, when Ms. Marino redeemed her Starbucks gift card, that inadvertently triggered an “acceptance” of the pre-qualified HELOC offer. As a result of Aven’s “technical bug” Aven, without Ms. Marino’s authorization, consent, or intention Aven accessed Ms. Marino’s credit report, qualified Ms. Marino for a HELOC, and opened a HELOC account in Ms. Marino’s name.
Therefore, Aven accessed Ms. Marino’s credit reports without Ms. Marino’s authorization or permission. The class complaint describes in detail that Ms. Marino did not seek an extension of credit from Aven, and that Ms. Marino’s credit report was not furnished to Aven in connection with the extension of credit authorized by Ms. Marino. Yet, the class complaint alleges that Aven conducted the hard inquiry anyway and subsequently opened a HELOC account in Ms. Marino’s name. As such, Aven violated the Fair Credit Reporting Act and the California equivalent (CCRAA) which provide statutory monetary damages to harmed consumers.
As a result of Aven’s conduct, Ms. Marino’s credit score decreased, and materially misleading and incorrect information was included on Ms. Marino’s credit reports. Angry and frustrated, Ms. Marino had no choice but to retain the Swigart Law Group, APC, a consumer rights firm practicing exclusively on behalf of aggrieved individuals to pursue legal action. The case, Marino v. Aven Financial, Inc., Case No. 3:25-cv-00503-BAS-DEB, is currently pending in the United States District Court for the Southern District of California.
See a copy of the Swigart Law Group complaint here.
Joshua Swigart
Swigart Law Group, APC
+1 619-838-8546
josh@swigartlawgroup.com
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