Defendant 's Statutory Violations COUNT XXXX ( Fraud by Deception ) Plaintiff incorporated by reference paragraphs XXXX through XXXX inclusive of the Complaint as if fully set forth herein Through the forgoing conduct Defendants engaged in manipulation and deceptive conduct in connection with rendering services for XXXX in violation of 15 U.S.C. 1681a and the rules and regulations promulgated thereunder, by pretending loyalty to plaintiff were secretly intending to profit from fraudulent account and charges to date by conspiring or acting with conspiracy to commit fraud and fraud by deception, negligent misrepresentation. 
Defendants non-disclosure or misrepresentations, about the account status [ timely payments ] were deceptive pessimistic and misleading in the light of the circumstances under which they were made. 

6.Defendants deliberately and intentionally reporting derogatory, false, erroneous or misleading information about Plaintiff to XXXX or more consumer reporting agencies ( credit bureaus ) as defined by 15 U.S.C. 1681a. 

7. Plaintiff having disputed the accuracy of the derogatory, false or misleading information reported by the Defendant ( s ) to the Consumer Reporting Agency XXXX, XXXX, Equifax on four separate occasions via certified mail. 

8. Defendant ( s ) failure in responding to Plaintiff four letters, dispute averment of facts, with evidence for there violations of Plaintiff rights or for deliberately reporting inaccurate information to Consumer Reporting Agency XXXX, XXXX, Equifax to date. 

9. Defendants having not provided any written notice of this disputed matter to the credit bureaus and is therefore in violation of 15 U.S.C. 1681s-2 which requires this notice, so severe and pervasive were escalated to CFPB. 

10. Defendant ( s ) failure to comply with 15 U.S.C. 1692g with written objection timely, 5 days of Plaintiff 's initial communication ( nor at any other time ) contending averment of facts, presented before Fair Credit Reporting Act ad CFPB. 

11. Defendant ( s ) having failed to conduct or complete an investigation of Plaintiff 's written dispute timely from XXXX XXXX XXXX XXXX XXXX XXXX. Defendants ( s ) having not contend charges cited to date, or attest averment of facts timely, and within the 30 day period as required by 15 U.S.C. 1681s-2. 

12. Defendant having not notified Plaintiff in writing of any determination, Plaintiff pursuit of litigation is frivolous within the 5 days from filing complaint with FCRA XXXX XXXX, XXXX required by 15 U.S.C. 1681s-2, nor at any other time. 

13. The objective and effects of Defendants conduct was so pervasive and egregious preventing plaintiff from discovering truth and induce the credit reporting agencies in believing there version of the facts is true. 

14. Defendant ( s ) having failed to conduct or complete an investigation of Plaintiff 's written dispute timely or contend charges cited to date, required by 15 U.S.C. 1681s-2. 


15. Defendants knowingly and purposely obtain, confidential and personal information, intent to impersonate or impersonation of Plaintiff in establishing fraudulent credit card account. The acts are mean spirited, boorish, wanton and well calculated plan of reprisal by using information willfully violated the FCRA. 


COUNT II ( Breach of Fiduciary ) Plaintiff incorporated by reference paragraphs XXXX through XXXX inclusive of the Complaint as if fully set forth herein 14. Through forgoing conduct Defendant ( s ) having fiduciary duty and care to plaintiff to act with the utmost honesty, trustworthy, integrity, towards and not favor there own interests at the expense of the plaintiff. 

15. Defendants willing and fraudulently breached their fiduciary duty owed to plaintiff by making material misrepresentations and omissions by failing to disclose material facts timely.