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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

DOROTHY MAE ROSS,

Plaintiff,

v.

EQUIFAX INFORMATION

SERVICES LLC, et al.,

Defendants.

Civil Action No. 2:15-cv-11674

Judge Marianne O. Battani

Magistrate Judge Michael J.

Hluchaniuk

FRANCIS & MAILMAN, P.C.

John Soumilas

Land Title Building

100 South Broad Street

19th Floor

Philadelphia, PA 19110

215-735-8600

Email:

jsoumilas@consumerlawfirm.com

Attorneys for Plaintiffs

CLARK HILL PLC

Jordan S. Bolton (P66309)

500 Woodward Avenue, Ste. 3500

Detroit, MI 48226-3435

(313) 965-8300

Email: JBolton@clarkhill.com

Attorneys for Equifax Information

Services LLC

DEFENDANT EQUIFAX INFORMATION SERVICES LLC’S

ANSWER AND DEFENSES TO PLAINTIFF’S COMPLAINT

Defendant, Equifax Information Services LLC (“Equifax”), by Counsel, files

its Answer and Defenses to Plaintiff’s Complaint (“Complaint”) as follows:

PRELIMINARY STATEMENT

In answering the Complaint, Equifax states that it is responding to

allegations on behalf of itself only, even where the allegations pertain to alleged

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conduct by all Defendants. Equifax denies any and all allegations in the headings

and/or unnumbered paragraphs in the Complaint.

ANSWER

In response to the specific allegations in the enumerated paragraphs in the

Complaint, Equifax responds as follows:

1. Equifax admits that Plaintiff purports to bring a claim under the Fair

Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”), the Fair Debt

Collection Practices Act, 15 U.S.C. §1692, et seq. (“FDCPA”), and 47 U.S.C.

§227, et. al. Equifax denies that it violated the FCRA, the FDCPA, or any other

law, denies that plaintiff was damaged by any action or inaction of Equifax, and

denies that Plaintiff is entitled to any of the relief requested. Equifax is without

knowledge or information sufficient to form a belief as to the truth of the

remaining allegations in Paragraph 1 and, therefore, denies those allegations.

2. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 2 and, therefore, denies those

allegations.

3. Equifax admits it conducts business in the Eastern District of

Michigan. Equifax denies the remaining allegations in Paragraph 3.

4. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 4 and, therefore, denies those

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allegations.

5. Equifax admits the Court has jurisdiction in this case.

6. Equifax admits venue is proper in this District.

7. Equifax denies the allegations in Paragraph 7 as they relate to

Equifax. Equifax is without knowledge or information sufficient to form a belief

as to the truth of the remaining allegations in Paragraph 7 and, therefore, denies

those allegations.

8. Equifax denies the allegations in Paragraph 8 as they relate to

Equifax. Equifax is without knowledge or information sufficient to form a belief

as to the truth of the remaining allegations in Paragraph 8 and, therefore, denies

those allegations.

9. Equifax denies the allegations in Paragraph 9 as they relate to

Equifax. Equifax is without knowledge or information sufficient to form a belief

as to the truth of the remaining allegations in Paragraph 9 and, therefore, denies

those allegations.

10. Equifax denies the allegations in Paragraph 10 as they relate to

Equifax. Equifax is without knowledge or information sufficient to form a belief

as to the truth of the remaining allegations in Paragraph 10 and, therefore, denies

those allegations.

11. Equifax admits it received disputes from Plaintiff or on her behalf.

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Equifax is without knowledge or information sufficient to form a belief as to the

truth of the remaining allegations in Paragraph 11 and, therefore, denies those

allegations.

12. Equifax admits it received disputes from Plaintiff or on her behalf.

Equifax is without knowledge or information sufficient to form a belief as to the

truth of the remaining allegations in Paragraph 12 and, therefore, denies those

allegations.

13. Equifax denies the allegations in Paragraph 13.

14. Equifax denies the allegations in Paragraph 14.

15. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 15 and, therefore, denies those

allegations.

16. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 16 and, therefore, denies those

allegations.

17. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 17 and, therefore, denies those

allegations.

18. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 18 and, therefore, denies those

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allegations.

19. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 19 and, therefore, denies those

allegations.

20. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 20 and, therefore, denies those

allegations.

21. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 21 and, therefore, denies those

allegations.

22. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 22 and, therefore, denies those

allegations.

23. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 23 and, therefore, denies those

allegations.

24. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 24 and, therefore, denies those

allegations.

25. Equifax is without knowledge or information sufficient to form a

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belief as to the truth of the allegations in Paragraph 25 and, therefore, denies those

allegations.

26. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 26 and, therefore, denies those

allegations.

27. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 27 and, therefore, denies those

allegations.

28. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 28 and, therefore, denies those

allegations.

29. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 29 and, therefore, denies those

allegations.

30. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 30 and, therefore, denies those

allegations.

31. Equifax denies the allegations in Paragraph 31 as they relate to

Equifax. Equifax is without knowledge or information sufficient to form a belief

as to the truth of the remaining allegations in Paragraph 31 and, therefore, denies

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those allegations.

32. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 32 and, therefore, denies those

allegations.

33. Equifax denies the allegations in Paragraph 33 as they relate to

Equifax. Equifax is without knowledge or information sufficient to form a belief

as to the truth of the remaining allegations in Paragraph 33 and, therefore, denies

those allegations.

34. Equifax restates and incorporates its responses to Paragraphs 1

through 33 as if fully set forth herein.

35. Equifax admits the allegations in Paragraph 35.

36. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 36 and, therefore, denies those

allegations.

37. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 37 and, therefore, denies those

allegations.

38. Equifax denies the allegations in Paragraph 38.

39. Equifax denies the allegations in Paragraph 39.

40. Equifax restates and incorporates its responses to Paragraphs 1

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through 39 as if fully set forth herein.

41. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 41 and, therefore, denies those

allegations.

42. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 42 and, therefore, denies those

allegations.

43. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 43 and, therefore, denies those

allegations.

44. Equifax restates and incorporates its responses to Paragraphs 1

through 43 as if fully set forth herein.

45. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 45 and, therefore, denies those

allegations.

46. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 46 and, therefore, denies those

allegations.

47. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 47 and, therefore, denies those

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allegations.

48. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 48 and all subparts and,

therefore, denies those allegations.

49. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 49 and, therefore, denies those

allegations.

50. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 50 and, therefore, denies those

allegations.

51. Equifax restates and incorporates its responses to Paragraphs 1

through 50 as if fully set forth herein.

52. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 52 and, therefore, denies those

allegations.

53. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 53 and, therefore, denies those

allegations.

54. Equifax is without knowledge or information sufficient to form a

belief as to the truth of the allegations in Paragraph 54 and, therefore, denies those

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allegations.

55. Equifax denies the allegations in Paragraph 55 as they relate to

Equifax. Equifax is without knowledge or information sufficient to form a belief

as to the truth of the remaining allegations in Paragraph 55 and, therefore, denies

those allegations.

56. Equifax admits Plaintiff has demanded a trial by jury and likewise

demands a jury trial in this case.

57. Equifax denies that the Plaintiff is entitled to any relief claimed in the

Prayer for Relief or in the Complaint.

Any allegation in Plaintiff’s Complaint not heretofore specifically responded

to by Equifax is hereby denied.

DEFENSES

Without assuming the burden of proof where it otherwise rests with Plaintiff,

Equifax pleads the following defenses to the Complaint:

First Defense

Plaintiff’s Complaint fails to state a claim against Equifax upon which relief

can be granted.

Second Defense

At all pertinent times, Equifax maintained reasonable procedures to assure

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maximum possible accuracy in its credit reports.

Third Defense

Plaintiff’s damages, if any, were not caused by Equifax, but by another

person or entity for whom or for which Equifax is not responsible.

Fourth Defense

Equifax has complied with the Fair Credit Reporting Act in its handling of

Plaintiff’s credit file and is entitled to each and every defense stated in the Act and

any and all limitations of liability.

Fifth Defense

At all relevant times herein, the Plaintiff’s alleged damages, which Equifax

denies exist, were aggravated by the failure of the Plaintiff to use reasonable

diligence to mitigate the same. Therefore, Plaintiff’s recovery, if any, should be

barred or decreased by reason of his failure to mitigate alleged losses.

Sixth Defense

Plaintiff cannot meet the requirements of 15 U.S.C. § 1681n in order to

recover punitive or statutory damages.

Seventh Defense

Equifax adopts by reference the defenses, criteria, limitations, standards and

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constitutional protections mandated or provided by the United States Supreme

Court in the following cases: BMW v. Gore, 517 U.S. 559 (1996); Cooper Indus.,

Inc. v. Leatherman Tool Group, Inc., 532 U.S. 923 (2001); State Farm v.

Campbell, 538 U.S. 408 (2003), and Safeco Insurance Co. of America v. Burr, 551

U.S. 47 (2007).

Eighth Defense

Plaintiff’s claims in whole or in part may be barred by the statute of

limitations.

Equifax reserves the right to have additional defenses that it learns through

the course of discovery.

WHEREFORE, having fully answered or otherwise responded to the

allegations in Plaintiff’s Complaint, Equifax prays that:

(1) Plaintiff’s Complaint be dismissed in its entirety and with prejudice,

with all costs taxed against Plaintiff;

(2) Equifax be dismissed as a party to this action;

(3) Equifax receive a trial by jury for all issues so triable;

(4) Equifax recover such other and additional relief as the Court deems

just and appropriate.

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Respectfully submitted this 11th day of August, 2015.

/s/ Jordan S. Bolton

Jordan S. Bolton (P66309)

CLARK HILL, PLC

500 Woodward Avenue, Suite 3500

Detroit, MI 48226

Tel. (313) 965-8300

Fax (313) 965-8252

jbolton@clarkhill.com

Attorneys for Equifax Information Services

LLC

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CERTIFICATE OF SERVICE

I hereby certify that on the 11th day of August, 2015, I electronically filed

the foregoing with the Clerk of Court using the CM/ECF system, which will then

send a notification of such filing (NEF) to the following:

John Soumilas

Francis & Mailman, P.C.

Land Title Building

100 South Broad Street

19th Floor

Philadelphia, PA 19110

/s/ Jordan S. Bolton

Jordan S. Bolton

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