UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

WILDFIRE CREDIT UNION, a )

Michigan credit union, )

)

Plaintiff, ) Case No. 

)

v. )

)

FISERV, INC., a Wisconsin )

corporation, also known as )

FISERV SOLUTIONS, INC., )

)

Defendant. ) JURY TRIAL REQUESTED

COMPLAINT

Plaintiff, WILDFIRE CREDIT UNION, by and through its 

attorneys, Kus Ryan & Associates, PLLC, hereby states for its 

complaint against defendant, FISERV, INC., also known as FISERV

SOLUTIONS, INC., as follows:

JURISDICTION AND VENUE

This is a civil action where the matter in controversy exceeds 

the sum or value of $75,000, exclusive of interest and costs, and is 

between citizens of different States, and this Court has original 

jurisdiction pursuant to 28 U.S.C. §1332.

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The principal events giving rise to the claims stated herein 

occurred in this District, and venue is therefore proper in this District 

pursuant to 28 U.S.C. §1391(b)(1) and (2).

This Court has authority to issue declaratory and injunctive 

relief pursuant to 28 U.S.C. §2201(a) and §2202.

THE PARTIES

1. Plaintiff Wildfire Credit Union (“Wildfire”) is a Michigan 

credit union, whose principal office is located at 6640 Bay Road, 

Saginaw, Michigan.

2. Defendant Fiserv, Inc., which is also known as Fiserv 

Solutions, Inc. (“Fiserv”) is a corporation organized under the laws of 

the State of Wisconsin, whose principal offices are located in 

Brookfield, Wisconsin and Glastonbury, Connecticut.

FACTUAL ALLEGATIONS

3. On October 25, 2012, Timothy W. Benecke, 

President/CEO of Wildfire, and Mark Schuiling, Wildfire’s VicePresident of Technology, met with Jason Escue, a Fiserv sales 

representative, regarding Fiserv’s desire to provide Wildfire with 

financial services technology products. During this meeting, Escue 

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was promoting a Fiserv product called “Acumen” and attempting to 

sell that product to Wildfire.

4. On November 19, 2012, Fiserv presented a 

demonstration of Acumen to Benecke and Schuiling.

5. On December 21, 2012, Fiserv representatives met with 

Benecke and Schuiling to provide an overview of the Acumen 

technology.

6. On January 8 and 9, 2013, Fiserv representatives came 

to Wildfire’s offices to provide a “hands-on” demonstration of Acumen 

for Wildfire’s vice presidents and managers. 

7. At all times from October, 2012 until mid-January, 2013, 

the Fiserv representatives who met with Wildfire representatives 

promoted Acumen as the product which would satisfy Wildfire’s core 

system needs.

8. A core system is the central data processing system upon 

which a credit union’s entire operation relies to deliver banking 

products to its members.

9. On January 14, 2013, Fiserv announced that it had 

purchased Open Solutions, Inc. (“OSI”) for $55 million and had 

assumed $900 million in debt (a copy of the Bloomberg news report, 

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“Fiserv Buys Open Solutions to Grow Financial Services”, 

http://www.bloomberg.com/news/2013-01-15/fiserv-buys-opensolutions-to-grow-financial-services.html, is attached hereto as 

Exhibit 1).

10. On its website, Fiserv states that its acquisition of OSI 

added “DNATM, an innovative real-time account processing platform 

option for clients” (https://www.fiserv.com/about/30-years.aspx). 

11. Immediately upon Fiserv’s acquisition of OSI, Fiserv 

representatives dropped their promotion of Acumen to Wildfire and 

began promoting OSI’s DNA instead. 

12. Wildfire’s representatives had made clear that the product 

in which Wildfire was interested was Acumen, and so Fiserv’s 

representatives represented to Wildfire that Acumen and DNA were 

being merged, and that the Acumen screens would be overlaid on top 

of DNA, thereby giving Wildfire the elements of Acumen in which it 

had been interested.

13. The Acumen overlay was important to Wildfire because 

the Acumen User Interface (“UI”) was very clean and elegant looking, 

while from the beginning the DNA UI looked convoluted and 

confusing. Wildfire would not have been interested in DNA if the UI 

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was not going to change, but the promise by Fiserv that the Acumen 

screens would replace the DNA screens alleviated that concern on 

the part of Wildfire.

14. On February 6, 2013, Fiserv representatives - Jason 

Escue, Sales Executive; Jason Woods, DNA Solution Consultant; 

and Greg Disterhoft, Sales Solution Consultant - met with Benecke 

and Schuiling regarding DNA (the agenda of the February 6, 2013 

meeting is attached hereto as Exhibit 2).

15. On February 8, 2013, Fiserv representatives met with 

Wildfire’s representatives to discuss pricing if Wildfire were to change 

from its existing platform which had been provided by Symitar, a 

competitor of Fiserv.

16. Throughout February and March, 2013, Fiserv’s 

representatives met in person and by telephone with Wildfire’s 

representatives to try to convince them to cease being a Symitar 

client and become a Fiserv client instead. During these meetings and 

telephone conferences, Fiserv’s representatives made promises and 

representations regarding Fiserv’s products, including DNA, and 

talked extensively about the logistics of implementing DNA. 

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17. On March 20, 2013, Fiserv representatives - Jason 

Escue, Sr. Sales Executive; Wayne Eisner, Vice President of Sales; 

Jason Woods, Sr. DNA Solution Consultant, Greg Disterhoft, DNA 

Solution Consultant; and Dave Brim, DNA App Specialist - met all day 

with Benecke and Schuiling and Wildfire vice-presidents and key IT 

staff (the agenda of the March 20, 2013 meeting is attached hereto 

as Exhibit 3). 

18. The March 20th meeting included a demonstration of the 

DNA core system, as well as presentations by Fiserv’s 

representatives regarding reporting and business intelligence; loan 

servicing; marketing, campaign management and incentives; and a 

technology overview. During the Technology Overview portion of the 

meeting, Chris VanDer Stad of Fiserv presented a “4.0 UI Preview,” 

which included the screens of 4.0, the version of the product which 

the Fiserv representatives promised would be provided to Wildfire. 

Jason Escue showed the Wildfire representatives screen shots of a 

version of the merged Acumen/DNA screens.

19. On March 21, 2013, Fiserv representatives continued to 

meet with representatives of Wildfire, discussing Fiserv products 

which Wildfire could use to develop its own applications. During this, 

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and subsequent meetings regarding applications, Fiserv 

representatives repeatedly promised that we were able to use the 

DNA platform product, DNAcreator, to make any changes or 

additions to DNA that Wildfire saw fit.

20. On March 28, 2013, Fiserv’s representatives met with 

Wildfire’s representatives for a “hands-on lab” of DNA and related 

products (the agenda of the March 28, 2013 labs is attached hereto 

as Exhibit 4).

21. On April 1, 2013, Benecke and Schuiling met with Escue 

to review Fiserv’s proposal to Wildfire. During this meeting, Escue 

represented that “everything is in the contract and we can pull it out if 

it isn’t needed.”

22. The Fiserv representatives never discussed or indicated 

that a conversion from Wildfire’s current core system provided by 

Symitar to the DNA platform would be especially difficult or unusually 

challenging due to their lack of experience with converting from the 

Symitar system to the DNA system.

23. During April and May, 2013, Fiserv representatives 

communicated with Wildfire’s representative in person, by telephone 

conferences and through email transmissions, demonstrating various 

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aspects of Fiserv’s product, including but not limited to accounting, 

collections and in-house credit card processing.

24. Throughout the sales process, the Fiserv representatives 

told the Wildfire representatives that they knew that Wildfire used the 

Symitar platform as its core system for the financial services 

technology for the credit union and that Fiserv wanted to expand its 

client base by converting credit unions on the Symitar platform to the 

Fiserv/DNA platform.

25. On June 14, 2013, Benecke and Schuiling met with Fiserv

representatives at Fiserv’s corporate offices. Fiserv’s representatives 

included Jeffrey Yabuki, Chief Executive Officer; Dave Brim, now 

Vice President Technical Consultant; Santo Canone, DNA, Chief 

Product Officer; Wayne Eisner, Vice President, Sales; Jason Escue, 

Sales Executive; and Andres Pasantes, Senior Vice President, DNA 

National Sales Manager.

26. The morning-long meeting included presentations by 

Fiserv representatives regarding DNA updates and priorities, the 

DNAAppStore, product management organization, account 

management organization, content of DNA 4.0 and 4.1, a DNA 

technology update, DNAcreator and an executive discussion among 

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Yabuki, Benecke and Schuiling (the agenda of the June 14, 2013 

meeting is attached hereto as Exhibit 5). 

27. During this meeting, Schuiling inquired as to why Fiserv 

thought that gaining Wildfire as a client was so important to Fiserv. 

Yabuki answered that it was because Wildfire’s current core system 

was one which was provided by Symitar and that Fiserv’s strategic 

direction was to make in-roads into the Symitar customer base. 

Schuiling indicated that, with all of the complexities of a core system, 

it is nearly impossible to vet every aspect of the system, so the 

decision to move forward in changing that system is largely based on 

trust, and asked Yabuki directly why should Wildfire trust him? 

Yabuki agreed that there was a lot of trust involved and made it clear 

that Fiserv was committed to DNA as its platform of the future, and 

that Fiserv had and would be committing significant resources to DNA 

and therefore Wildfire could trust him that this will be successful.

28. During June and the first part of July, 2013, Fiserv 

representatives continued to provide demonstrations and participate 

in telephone conferences with Benecke and Schuiling, making 

promises about what Wildfire would receive from the conversion from 

a Symitar platform to that offered by Fiserv.

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29. Based on the representations of Fiserv and its 

representatives, which were false at the time they were made to 

representatives of Wildfire, on July 18, 2013, Wildfire entered into a 

“Master Agreement” and its attached Schedules and Exhibits 

(“Master Agreement”) with Fiserv (a copy of the Master Agreement, 

Exhibits and Schedules is submitted under seal as Exhibit 6).

30. These representations which Fiserv representatives 

made, which they knew were false at the time they made them, 

include, but are not limited to, the representations set forth in the 

preceding paragraphs, as well as that that DNA can do everything 

Wildfire wanted it to do, because it is open and flexible and can write 

applications, and that Fiserv would hit a “home run” with this 

conversion.

31. The false representations which Fiserv representatives 

made to induce Wildfire to sign the Master Agreement were material.

32. Fiserv representatives made these false representations 

with the intention that Wildfire would act upon them.

33. Wildfire did act in reliance on the false representations 

and entered into the Master Agreement.

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34. The material misrepresentations made by Fiserv 

representatives to Wildfire regarding Fiserv’s future conduct were 

made under circumstances in which the misrepresentations may 

reasonably be expected to be relied upon by Wildfire and Wildfire did 

in fact rely upon them as the inducement to enter into the Master 

Agreement.

35. On August 19, 2013, Wildfire representatives participated 

in an introductory call with Neil Jones, who had been designated as 

Project Manager for Wildfire’s conversion.

36. On December 11 and 12, 2013, Wildfire representatives 

had a “kickoff” meeting with Jones.

37. As Wildfire came to learn, Jones had no working 

knowledge of DNA or any of the other products and services which 

Wildfire had purchased.

38. On February 3, 2014, Benecke sent email 

correspondence to Jones, indicating problems that Wildfire was 

already experiencing with communications and training, such as the 

fact that the Fiserv trainers did not even know what products and 

services Wildfire had purchased and on which its employees needed 

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training (a copy of the email correspondence from T. Benecke to N. 

Jones, February 3, 2014, is attached hereto as Exhibit 7).

39. Despite promises to the contrary, issues with 

communication and training did not improve, and new problems 

began to arise with what Wildfire termed “gaps,” or missing 

functionality between what Wildfire had in its existing Symitar platform 

and what could be implemented in the DNA platform.

40. On April 8, 2014, Schuiling sent email correspondence to 

Jones and Ann Miela, OSI Vice President of Program Management, 

indicating that he had started compiling a list of the issues being 

reported by Wildfire to Fiserv, and the list represented the gaps with 

trying to convert the core system from the existing Symitar platform to

the DNA platform (a copy of the email correspondence from M. 

Schuiling to A. Miela and N. Jones, April 8, 2014, is attached hereto 

as Exhibit 8). 

41. The “gaps” were being discovered during the testing of 

the system, the training of Wildfire’s employees and while they 

worked with the DNA consultants on set-up. The first “Gaps list” was 

attached to Schuiling’s email correspondence (Exhibit 8).

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42. This “Gaps list” was not the total of the issues and 

problems which Wildfire was experiencing, and Schuiling sent 

additional email correspondence detailing those problems.

43. For example, on April 22, 2014, Schuiling sent email 

correspondence to Jones regarding the usability issues which Wildfire 

was experiencing (a copy of the email correspondence from M. 

Schuiling to N. Jones, April 22, 2014, is attached hereto as Exhibit 9). 

The “Usability list” was attached to Schuiling’s email correspondence.

44. Although Wildfire representatives began having daily 

telephone conferences with Jones, Miela and Frymyer as of April 9, 

2014, this did not remedy the problems and issues which Wildfire was 

experiencing.

45. On April 15, 2014, Miela; Chris VanDer Stad, OSI Chief 

Technology Officer; and Jan Frymyer, OSI Vice President of Training,

met with Wildfire representatives at Wildfire’s office. During dinner 

that evening, VanDer Stad stated that Fiserv was not going to be 

redoing all of the screens of DNA, contrary to Escue’s 

representations to Wildfire before it signed the Master Agreement.

46. On April 16, 2014, Steve Cameron, OSI President, met 

with Wildfire representatives at Wildfire’s office for 30 minutes. In that 

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meeting, Cameron promised that Fiserv would “do better” and that 

Wildfire was important and that he “gets it.”

47. Wildfire representatives continued meeting with 

Fiserv/OSI representatives for training strategy; regarding 

DNACreator; and in attempts to resolve the issues in the Gaps list 

and the Usability List, but the problems and issues Wildfire was 

continuing to experience were not resolved by Fiserv.

48. Jason Woodford, a Wildfire developer, attended training 

on the DNACreator product during the week starting April 28, 2014. 

During that training, Wildfire learned for the first time that all 

applications which Wildfire itself developed using DNACreator were 

required to go through a validation process and then would be placed 

in Fiserv’s DNAAppStore for sale to third parties, such as other credit 

unions.

49. On May 8, 2014, a new Fiserv Program Manager, Erik 

Ristow, began working with Wildfire. Jones’ last day working with 

Wildfire was May 21, 2014. Jan Walsh was added as the new Project 

Manager.

50. During a demonstration at Wildfire on May 8, 2014, 

Wildfire representatives noticed that there were differences between 

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what they had received after they signed the Master Agreement and 

what was shown to them during this and the pre-Master Agreement 

demonstrations. 

51. On May 13 and 14, 2014, during retraining, it became 

clear to Wildfire representatives that, contrary to Fiserv’s 

representations, DNA was not as efficient as Symitar. Wildfire 

representatives asked Fiserv representatives if there was something 

they were missing to correct that fact, but received no solution.

52. Wildfire’s problems with Fiserv’s products and services 

continued escalating. 

53. On June 12, 2014, Benecke spoke by telephone with 

Byron Vielehr, Fiserv Group President, Depositary Institutions, for 

approximately 30 minutes. Vielehr indicated to Benecke that the 

sales of the DNA system had increased and that many new 

employees had been added to the OSI division. This information, 

however, did not provide Wildfire with any solution to the growing 

problems which were engulfing the implementation of the conversion 

of its core system from the Symitar platform to the DNA platform, 

particularly as to deposit functionality and loan functionality.

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54. On June 16, 2014, Schuiling met with Santo Canone, OSI 

Chief Product Officer, to discuss a DNACreator agreement which 

would allow Wildfire to keep the applications it developed internally 

and not have to go through the validation process or be compelled to 

offer the Wildfire-developed applications to third parties through 

Fiserv’s DNAAppStore. Canone presented some options to Wildfire, 

but none of them met Wildfire’s requirements or addressed its 

concerns.

55. On June 24, 2014, Benecke and Schuiling spoke with 

Sam Boggs, OSI Chief Operating Officer, regarding the status of the 

project and the DNACreator agreement. When asked about the 

status of the DNACreator agreement, Boggs indicated that getting 

what Wildfire was looking for in that agreement - retention of its own 

Wildfire-developed applications - was going to be hard. Schuiling 

stated during the discussion about the project that Wildfire cannot 

keep having these setbacks and stumbling blocks. Boggs agreed

with this statement. Benecke and Schuiling requested that Boggs 

provide them with a description of what was actually going to be in 

version 4.1 of DNA. Despite promises that he would provide that 

information to Benecke and Schuiling, Boggs never did.

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56. Wildfire representatives continued testing on-site and 

speaking with Fiserv representatives, but the problems and issues 

continued to mount. 

57. On July 28, 2014, Benecke and Schuiling spoke with 

Escue about the issues with the conversion from the Symitar platform 

to the Fiserv platform, and Escue recommended that they discuss 

these problems with Vielehr.

58. On July 29, 2014, Benecke and Schuiling spoke with 

Vielehr regarding all the issues Wildfire was experiencing with the 

conversion. To the surprise of Benecke and Schuiling, Vielehr was 

surprised that the problems which Wildfire had been experiencing 

had not yet been resolved and were not improving, illustrating once 

again to Benecke and Schuiling that there were communication 

problems within Fiserv.

59. On July 30, 31 and August 1, 2014, Fiserv 

representatives Lizette Nigro, OSI Vice President - DNA Product 

Strategy; Sue Pisonneault, Liza Lauretti, Jan Walsh and Erik Ristow

met with Wildfire representatives at Wildfire’s office to conduct a 

review on Wildfire’s Gap list. At dinner one evening, Nigro made the 

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comment that Santo Canone, OSI Chief Product Officer, had asked 

her “is this worth salvaging?”

60. On August 14, 2014, Fiserv representatives Cameron, 

Canone and Boggs met with Wildfire representatives at Wildfire’s 

office. During this meeting the Fiserv representatives promised that 

the “executive sponsor” for Wildfire would change from Boggs to 

Canone, that there would be changes in the DNACreator agreement, 

that they would add mapping meetings and client visits, and would 

provide project management services with NextStep. Benecke and 

Schuiling told the Fiserv representatives that they had heard similar 

promises and offers before, which were never met or provided.

61. On August 15, 2014, Fiserv representatives, including 

Jason Woods, met with Wildfire representatives to discuss some 

standard features of the system and how best to convert certain data. 

Wildfire representatives deemed this meeting a disaster. The Fiserv 

representatives did not have the necessary knowledge and 

understanding of their system to address the issues at hand and 

when asked the question of which roles are built into the system and 

what, if any, is the functionality behind them, Woods answered that 

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the DNA system he used for demonstrations was so customized, he 

did not even know what was standard any more.

62. On August 22, 2014, Benecke met with Vielehr in 

Milwaukee, Wisconsin. Benecke commented to Vielehr that Wildfire 

felt strategically important to Fiserv after their meeting with Yabuki on 

June 14, 2013, but had never felt valued by OSI and were being 

treated like any other conversion, not as a conversion from the 

Symitar platform. Benecke made it clear that Wildfire could not go 

backwards by converting to a less efficient system - it would be bad 

for the members, employees, Wildfire and Fiserv. Benecke also 

commented that they have escalated the conversion issues to the top 

of OSI, had lost confidence in OSI’s ability to remedy the issues and 

that they were tired of hearing promises which were never met.

63. On August 27, 2014, Nigro, Canone, VanDer Stad and 

Andres Pasantes, Fiserv Senior Vice President for National Sales, 

met with Wildfire representatives at Wildfire’s office to present a plan 

to address the “Gaps” list and “Usability Issues.” The Fiserv 

representatives indicated that Wildfire would be “married at the hip” 

with Fiserv’s product department for the next one to three years as 

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they were only able to complete three to eleven of the roughly 70 

known issues prior to the scheduled conversion date.

64. Also on August 27, 2014, Wildfire representatives (there 

were at least 20 people in attendance) learned from Fiserv that a 

referral feature which it had been promised six months earlier and 

which was represented to be “better than Symitar,” and which was in 

Fiserv’s written Best Practices report as available, was in fact not 

available.

65. On September 11, 2014, Benecke spoke with Vielehr, 

and advised him that it was apparent that, contrary to the dates in the 

Schedules which were part of the Master Agreement, the conversion 

from the current Symitar platform to that of DNA was not going to 

happen timely or successfully, and that accordingly Wildfire had to 

terminate the contract. Benecke sent Vielehr a letter setting forth 

these issues on the same date (a copy of the letter from T. Benecke 

to B. Vielehr, September 11, 2014, is attached hereto as Exhibit 10).

66. In its experience since entering into the Master 

Agreement, Wildfire recognized that a successful or timely conversion 

could not occur, and that there had been too many setbacks and 

problems from the beginning.

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67. Despite the fact that Fiserv had Wildfire’s “Gaps” list and 

“Usability Issues” list since April, 2014, nothing had happened to 

remedy the issues in those lists.

68. In addition to the functionality problems, some of the 

trainers were unprepared and had just recently themselves been 

trained. They did not know what products Wildfire had purchased on 

which the Wildfire employees had to be trained.

69. Despite being promised by Fiserv representatives that 

Wildfire would be getting “the ‘A’ team” for the conversion, Wildfire 

instead was forced to interact with Fiserv representatives who were 

without knowledge or information necessary to successfully

implement the conversion, as can be seen from the fact that Fiserv 

kept pulling its employees off the project that Wildfire did not want 

back, such as Darcy Carroll (trainer); Hoa Nguyen (field tech); Joe 

Mertz (loan training); and Nicole Griffin (IT backoffice trainer), or that 

Fiserv just removed or phase out, such as Neil Jones (project 

manager) and Emily Quinn (deposit consultant). 

70. On September 18, 2014, Vielehr was to meet with 

Benecke and Schuiling and Wildfire vice presidents to discuss 

Wildfire’s significant issues. Benecke and Schuiling had prepared a 

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detailed outline of the topics they wanted to discuss at this meeting, 

which they put into a written document which they could use, which 

they entitled “Byron Meeting Agenda” (a copy of the “Byron Meeting 

Agenda” is attached hereto as Exhibit 11). However, when Benecke 

and Schuiling actually met with Vielehr, they were not able to address 

most of their concerns as expressed in the “Byron Meeting Agenda,”

as it became clear that Vielehr was not interested in reviewing the 

issues. Instead, Vielehr made statements to them such as, 

“Do you understand the financial ramifications of 

terminating the contract?” 

“60% of the gap items will benefit existing DNA clients”

“What is it going to look like if we can’t convert a credit 

union like Wildfire?” 

“[Wildfire] is making an emotional decision” to terminate 

the contract

71. During this meeting, when Vielehr said, “we can pull 

numbers from other credit union call centers to compare efficiencies,” 

Benecke and Schuiling replied that they had engaged in role playing 

and had timed the transactions in both systems, and that Symitar was 

faster than DNA.

72. Wildfire determined that since Fiserv could not perform as 

set forth in the Master Agreement and that it had been materially 

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misled into entering into the Master Agreement, the Master 

Agreement should be declared void or terminated and Wildfire should 

be refunded the $1,360,568.18 it had already paid to Fiserv for 

products and services which it had not received.

73. Wildfire requested that Fiserv declare the Master 

Agreement void and/or terminated and that Fiserv return to Wildfire 

the $ 1,360,568.18 it had already paid to Fiserv for products and 

services which it had not received, but Fiserv refused.

74. Wildfire has been damaged by Fiserv’s actions, not only 

by the fact that Fiserv retains the $ 1,360,568.18 which Wildfire had 

already paid to Fiserv for products and services which it had not 

received, but because of the loss in productivity and employee hours 

spent in trying to assist in a platform conversion which could not be 

achieved successfully or timely.

COUNT I

DECLARATORY RELIEF

75. Wildfire incorporates by reference paragraphs 1 through 

74, as if fully re-alleged herein.

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76. Based on the material misrepresentations of Fiserv and 

its representatives, on July 18, 2013, Wildfire entered into the Master 

Agreement (Exhibit 6).

77. The material misrepresentations made by Fiserv 

representatives to Wildfire regarding Fiserv’s future conduct were 

made under circumstances in which the misrepresentations may 

reasonably be expected to be relied upon by Wildfire and Wildfire did 

in fact rely upon them as the inducement to enter into the Master 

Agreement.

78. Based on Fiserv’s conduct in making material 

misrepresentations to Wildfire regarding Fiserv’s future conduct which 

were made under circumstances in which the misrepresentations 

may reasonably be expected to be relied upon by Wildfire and which 

in fact were relied upon by Wildfire as the inducement to enter into 

the Master Agreement, Fiserv committed fraud in the inducement of 

Wildfire’s execution of the Master Agreement.

79. Fiserv’s fraud in the inducement renders the Master 

Agreement voidable at the option of Wildfire, the defrauded party.

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80. Wildfire wishes to rescind the Master Agreement and 

obtain a refund of all monies paid to Fiserv under the Master 

Agreement.

81. Wildfire accordingly seeks from this Court a declaration

that the Master Agreement is void and Wildfire is entitled to rescind 

the Master Agreement and receive back from Fiserv the funds it paid 

to Fiserv under the Master Agreement.

WHEREFORE, Wildfire respectfully requests that this Court 

enter a declaratory judgment in Wildfire’s favor that the Master 

Agreement is void and that Wildfire is entitled to rescind the Master 

Agreement and receive back from Fiserv the funds it paid to Fiserv 

under the Master Agreement

COUNT II

FRAUDULENT MISREPRESENTATION

82. Wildfire incorporates by reference paragraphs 1 through 

81, as if fully re-alleged herein.

83. Fiserv, through its representatives, specifically and 

intentionally made representations to Wildfire’s representatives during 

their business relationship, as set forth in the Factual Allegations, 

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which are incorporated herein as if fully re-alleged herein, which 

Fiserv knew were false at the time they were made to Wildfire.

84. Fiserv made these misrepresentations to Wildfire knowing 

that Wildfire would rely and act upon them.

85. Wildfire did rely and act upon Fiserv’s false 

representations, and entered into the Master Agreement, to Wildfire’s 

detriment.

86. Fiserv’s actions and false representations constitute 

fraudulent misrepresentation.

87. Wildfire has suffered and will continue to suffer injury from 

Fiserv’s fraudulent misrepresentations.

WHEREFORE, Wildfire respectfully requests that this Court 

enter judgment in Wildfire’s favor and against Fiserv in an amount to 

be determined by a jury that compensates Wildfire for Fiserv’s injuries 

to Wildfire, plus costs, interest and attorneys' fees.

COUNT III

NEGLIGENT MISREPRESENTATION

88. Wildfire incorporates by reference paragraphs 1 through 

87, as if fully re-alleged herein.

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89. In order to induce Wildfire to enter into the Master 

Agreement, Fiserv made certain representations to Wildfire, as set 

forth in the Factual Allegations, which are incorporated herein as if 

fully re-alleged herein, which were untrue.

90. Fiserv’s representations were material.

91. Based on Fiserv’s course of conduct as to Wildfire since 

the execution of the Master Agreement, Fiserv has demonstrated to 

Wildfire that Fiserv’s representations were made either negligently or 

with a disregard of the truth or falsity of these representations.

92. Fiserv made the representations with the intent that 

Wildfire rely on them, knowing fully that Wildfire would pay 

considerable sums of money and invest great amounts of time into 

the conversion of its core system from the Symitar platform to the 

DNA platform.

93. Wildfire reasonably relied on Fiserv’s representations and 

invested considerable sums of money and great amounts of time into 

the conversion of its core system from the Symitar platform to the 

DNA platform.

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94. As a direct and proximate result of Fiserv’s negligent 

misrepresentations, Wildfire has suffered and will continue to suffer 

injury.

WHEREFORE, Wildfire respectfully requests that this Court 

enter judgment in Wildfire’s favor and against Fiserv in an amount to 

be determined by a jury that compensates Wildfire for Fiserv’s injuries 

to Wildfire, plus costs, interest and attorneys’ fees.

COUNT IV

SILENT FRAUD

95. Wildfire incorporates by reference paragraphs 1 through 

94, as if fully re-alleged herein.

96. In order to induce Wildfire to enter into the Master 

Agreement, Fiserv made material representations to Wildfire as set 

forth in the preceding Factual Allegations, which are incorporated 

herein as if fully re-alleged herein.

97. Fiserv’s representations were material.

98. Fiserv had a legal and/or equitable duty of disclosure of 

the fact that its representations were not accurate or true at the time 

Wildfire was about to enter into the Master Agreement.

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99. Based on Fiserv’s course of conduct as to Wildfire over 

the past year, Fiserv has demonstrated to Wildfire that Fiserv’s 

representations to Wildfire were false or incomplete when they were 

made, and that these representations conveyed a false impression 

and were plainly intended to mislead Wildfire.

100. Wildfire reasonably relied on Fiserv’s representations and 

paid considerable sums of money and invested great amounts of time 

into the conversion of its core system from the Symitar platform to the 

DNA platform.

101. As a direct and proximate result of Fiserv’s fraudulent 

acts and omissions, Wildfire has suffered and will continue to suffer 

injury.

WHEREFORE, Wildfire respectfully requests that this Court 

enter judgment in Wildfire’s favor and against Fiserv in an amount to 

be determined by a jury that compensates Wildfire for Fiserv’s injuries 

to Wildfire, plus costs, interest and attorneys’ fees.

COUNT V

BREACH OF CONTRACT

102. Wildfire incorporates by reference paragraphs 1 through 

101, as if fully re-alleged herein.

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103. As set forth above in the preceding Factual Allegations, 

Wildfire entered into the Master Agreement with Fiserv under which 

Fiserv was obligated to provide products and services in accordance 

with the Schedules.

104. Wildfire has performed all of its obligations under the 

Master Agreement.

105. Fiserv has failed to meet its obligations under the Master 

Agreement.

106. Fiserv’s failure to meet its obligations under the Master 

Agreement constitutes a material breach of the Master Agreement.

107. Wildfire has suffered injury from Fiserv’s failure to meet its 

obligations under the Master Agreement.

WHEREFORE, Wildfire respectfully requests that this Court 

enter judgment in Wildfire’s favor and against Fiserv in an amount to 

be determined by a jury that compensates Wildfire for Fiserv’s injuries 

to Wildfire, plus costs, interest and attorneys’ fees.

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Respectfully submitted,

/s/ Cindy Rhodes Victor

CINDY RHODES VICTOR (P33613)

MICHAEL A. KUS (P27186)

JEFFREY S. HOROWITZ (P66251)

Kus Ryan & Associates PLLC

2851 High Meadow Circle

Suite 120

Auburn Hills, Michigan 48326

(248) 364-3090

cvictor@victorfirm.com

mkus@krslaw.biz

jhorowitz@krslaw.biz

Attorneys for Plaintiff

Wildfire Credit Union

Dated: November 13, 2014

DEMAND FOR JURY

Plaintiff Wildfire Credit Union, by and through their attorneys, 

Kus Ryan & Associates, PLLC, hereby demands a trial by jury on 

their causes of action against defendant Fiserv, Inc., also known as 

Fiserv Solutions, Inc.

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Respectfully submitted,

/s/ Cindy Rhodes Victor

CINDY RHODES VICTOR (P33613)

MICHAEL A. KUS (P27186)

JEFFREY S. HOROWITZ (P66251)

Kus Ryan & Associates PLLC

2851 High Meadow Circle

Suite 120

Auburn Hills, Michigan 48326

(248) 364-3090

cvictor@victorfirm.com

mkus@krslaw.biz

jhorowitz@krslaw.biz

Attorneys for Plaintiff

Wildfire Credit Union

Dated: November 13, 2014

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