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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

Edward Moorer,

Plaintiff,

– against–

USAA Federal Savings Bank, Equifax 

Information Services, LLC, Experian 

Information Solutions, Inc. and Trans Union, 

LLC,

Defendant(s).

Civil Action No.

COMPLAINT

COMPLAINT

Plaintiff, Edward Moorer (hereinafter “Plaintiff”), by and through his attorneys,

the Law Office of Robert S. Gitmeid & Associates, PLLC, by way of Complaint against 

Defendants, USAA Federal Savings Bank (“USAA”), Equifax Information Services, 

LLC (“Equifax”), Experian Information Solutions, Inc. (“Experian”) and Trans Union, 

LLC (“Trans Union”) alleges as follows:

INTRODUCTION

1. This is an action for damages brought by an individual consumer for 

Defendants’ violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et 

seq. (the “FCRA”), the Texas Consumer Credit Reporting Act, Tex. Bus. & 

Com. Code 20.01, et seq. (“TCCRA”) and other claims related to unlawful 

credit reporting practices. The FCRA and TCCCRA prohibit credit reporting 

agencies and furnishers of credit information from falsely and inaccurately 

reporting consumers’ credit information.

PARTIES

2. Plaintiff, Edward Moorer, is an adult citizen of the state of Alabama domiciled 

in Semmes, AL. 

3. Plaintiff is a "consumer" as defined by 15 U.S.C. § 1681a(c) of the FCRA and 

Tex. Bus. & Com. Code 20.01(2) of the TCCRA.

4. Defendant USAA is a corporation organized and existing under the laws of 

Texas that furnishes consumer credit information to consumer reporting 

agencies.

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5. Defendant Equifax is a limited liability company that engages in the business of 

maintaining and reporting consumer credit information.

6. Defendant Experian is a corporation that engages in the business of maintaining 

and reporting consumer credit information.

7. Defendant Trans Union is a limited liability company that engages in the 

business of maintaining and reporting consumer credit information. 

JURISDICTION AND VENUE

8. This Court has subject matter jurisdiction over this matter pursuant to 28 

U.S.C. § 1331 because the rights and obligations of the parties in this action 

arise out of 15 U.S.C. § 1681 and 15 U.S.C. § 1681p, which provides that an 

action to enforce any liability created under 15 U.S.C. § 1681 may be brought 

in any appropriate United States District Court, without regard to the amount in 

controversy.

9. Venue in this district is proper pursuant to 28 U.S.C. § 1391(b) because a 

substantial part of the events and omissions giving rise to Plaintiff’s claims 

occurred in Texas.

FACTUAL ALLEGATIONS

10. Defendant USAA issued an account ending in 5035 to Plaintiff. This account

was routinely reported on Plaintiff’s consumer credit report.

11. The consumer report at issue is a written communication of information 

concerning Plaintiff’s credit worthiness, credit standing, credit capacity, 

character, general reputation, personal characteristics, or mode of living which 

is used or for the purpose of serving as a factor in establishing the consumer’s 

eligibility for credit to be used primarily for personal, family, or household 

purposes as defined by 15 U.S.C. § 1681a(d)(1) of the FCRA and Tex. Bus. & 

Com. Code 20.01(4) of the TCCRA. 

12. On or about September 25, 2018, Plaintiff and USAA entered into a settlement 

agreement for the above referenced account. A copy of the settlement 

agreement is attached hereto as Exhibit A.

13. Pursuant to the terms of the settlement, Plaintiff was required to make a lump 

sum payment totaling $3,986.00 to settle and close his USAA account.

14. Plaintiff, via his debt settlement representative, timely made the requisite

settlement payment. A proof of this payment is attached hereto as Exhibit B.

15. However, over a year later, Plaintiff’s USAA account continued to be 

negatively reported.

16. In particular, on a requested credit report dated October 7, 2019, Plaintiff’s 

USAA account was reported with a status of “CHARGE OFF”, a balance of 

$3,985.00 and a past due balance of $3,985.00. The relevant portion of 

Plaintiff’s credit report is attached herein as Exhibit C. 

17. The tradeline was inaccurately reported; as explained above, the account was 

settled and paid in full, and as such, must be reported as settled with a $0 

balance.

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18. On or about October 9, 2019, Plaintiff, via his attorney at the time, notified 

Experian, Equifax and Trans Union, directly of a dispute with completeness 

and/or accuracy of the reporting of Plaintiff’s USAA account. A redacted copy 

of this letter and the certified mail receipts are attached hereto as Exhibit D.

19. Therefore, Plaintiff disputed the accuracy of the derogatory information 

reported by USAA to the Consumer Reporting Agencies via certified mail in 

accordance with 15 U.S.C. § 1681i of the FCRA and Tex. Bus. & Com. Code 

20.06 of the TCCRA.

20. In November of 2019, Plaintiff requested updated credit reports for review. 

The tradeline for Plaintiff’s USAA account remained inaccurate, as Defendants

failed to correct the inaccuracy. The relevant portions of the November 2019

credit reports are attached hereto as Exhibit E.

21. Upon information and belief, Equifax, Experian and Trans Union did not notify 

USAA of the dispute by Plaintiff in accordance with the FCRA and TCCRA. 

22. Alternatively, if Equifax, Experian and Trans Union did notify USAA, USAA

failed to properly investigate and delete the trade line or properly update the 

trade line on Plaintiff’s credit report.

23. If USAA did perform a reasonable investigation of Plaintiff’s dispute, 

Plaintiff’s USAA account would be updated to reflect a settled status with a $0 

balance.

24. Despite the fact that USAA has promised through its subscriber agreements or 

contracts to accurately update accounts, USAA has willfully, maliciously, 

recklessly, wantonly, and/or negligently failed to follow or adhere to this 

requirement as well as the requirements set forth under the FCRA and TCCRA, 

resulting in the intended consequences of this information remaining on 

Plaintiff’s credit reports.

25. Defendants failed to properly maintain and failed to follow reasonable 

procedures to assure maximum possible accuracy of Plaintiff’s credit 

information and Plaintiff’s credit report concerning the account in question, 

thus violating the FCRA and TCCRA. These FCRA and TCCRA violations 

occurred before, during, and after the dispute process began.

26. At all times pertinent hereto, Defendants were acting by and through their

agents, servants and/or employees, who were acting within the scope and 

course of their employment, and under the direct supervision and control of the 

Defendant herein.

27. At all times pertinent hereto, the conduct of Defendants, as well as that of their

agents, servants and/or employees, was malicious, intentional, willful, reckless, 

negligent and in wanton disregard for federal law and the rights of the Plaintiff 

herein.

FIRST CAUSE OF ACTION

(Fair Credit Reporting Act)

28. Plaintiff reasserts and incorporates herein by reference all facts and allegations 

set forth above.

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29. Equifax, Experian and Trans Union are “consumer reporting agencies” as

codified at 15 U.S.C. § 1681a(f).

30. USAA is an entity who, regularly and in the course of business, furnishes 

information to one or more consumer reporting agencies about its transactions 

or experiences with any consumer and therefore constitutes a “furnisher,” as 

codified at 15 U.S.C. § 1681s-2.

31. USAA is reporting inaccurate credit information concerning Plaintiff to one or 

more credit bureaus as defined by 15 U.S.C. § 1681a of the FCRA.

32. Plaintiff notified Defendants directly of a dispute on the account’s 

completeness and/or accuracy, as reported.

33. USAA failed to promptly modify the inaccurate information on Plaintiff’s 

credit report in violation of 15 U.S.C. § 1681s-2(b).

34. USAA failed to update Plaintiff’s credit report and/or notify the credit bureau 

that the USAA account in question was disputed in violation of 15 U.S.C. § 

1681s-2(b).

35. Defendants failed to complete an investigation of Plaintiff’s written dispute and 

provide the results of an investigation to Plaintiff within the 30-day statutory 

period as required by 15 U.S.C. § 1681s-2(b).

36. Equifax, Experian and Trans Union failed to delete information found to be 

inaccurate, reinserted the information without following the FCRA, or failed to 

properly investigate Plaintiff’s disputes as required by 15 U.S.C. § 1681i(a). 

37. Equifax, Experian and Trans Union failed to maintain and failed to follow 

reasonable procedures to assure maximum possible accuracy of Plaintiff’s 

credit report, concerning the account in question, violating 15 U.S.C. § 

1681e(b).

38. As a result of the above violations of the FCRA, Plaintiff suffered actual 

damages in one or more of the following categories: lower credit score, denial 

of credit, embarrassment and emotional distress caused by the inability to 

obtain financing for everyday expenses, rejection of credit card application, 

higher interest rates on loan offers that would otherwise be affordable and other 

damages that may be ascertained at a later date.

39. As a result of the above violations of the FCRA, Defendants are liable to 

Plaintiff for actual damages, punitive damages, statutory damages, attorney’s 

fees and costs.

SECOND CAUSE OF ACTION 

(Texas Consumer Credit Reporting Act)

40. Plaintiff reasserts and incorporates herein by reference all facts and allegations 

set forth above.

41. Equifax, Experian and Trans Union failed to delete information found to be 

inaccurate, reinserted the information without following the TCCRA, or failed 

to properly investigate Plaintiff’s disputes.

42. Equifax, Experian and Trans Union failed to promptly re-investigate and record 

the current status of the disputed information and failed to promptly notify the 

consumer of the result of its investigation, its decision on the status of the 

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information, and her rights pursuant to this section in violation of TCCRA, 

Tex. Bus. & Com. Code 20.06 and 20.07 of the TCCRA. 

43. As a result of the above violations, Plaintiff suffered actual damages in one or 

more of the following categories: lower credit score, denial of credit, 

embarrassment and emotional distress caused by the inability to obtain 

financing for everyday expenses, rejection of credit card application, higher 

interest rates on loan offers that would otherwise be affordable and other 

damages that may be ascertained at a later date.

44. As a result of the above violations of the TCCRA, Defendants are liable to 

Plaintiff for actual damages, statutory damages, attorney’s fees and costs.

WHEREFORE, Plaintiff demands that a judgment be entered against Defendants 

as follows:

1. That judgment be entered against Defendants for actual damages 

pursuant to 15 U.S.C. § 1681n or alternatively, 15 U.S.C. § 1681o;

2. That judgment be entered against Defendants for punitive damages 

pursuant to 15 U.S.C. § 1681n;

3. That the Court award costs and reasonable attorney's fees pursuant to 15 

U.S.C. § 1681n or alternatively, 15 U.S.C. § 1681o; 

4. That judgment be entered against Equifax for actual damages pursuant to

Tex. Bus. & Com. Code 20.09; 

5. That judgment be entered against Equifax for statutory damages pursuant 

to Tex. Bus. & Com. Code 20.09; 

6. That the Court award costs and reasonable attorney's fees pursuant to 

Tex. Bus. & Com. Code 20.08; and 

7. That the Court grant such other and further relief as may be just and 

proper.

Respectfully Submitted, this the 7th day of February, 2020.

EDWARD MOORER

/s/ Thomas Bellinder

Thomas Bellinder, Esquire (Bar No. 24098794)

The Law Offices of Robert S. Gitmeid & 

Associates, PLLC

11 Broadway, Suite 960

New York, NY 10004

(866) 707-4595

Counsel for Plaintiff

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