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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

Jorge Segura,

Plaintiff,

– against–

Capital One Bank (USA), N.A. and Equifax 

Information Services, LLC,

Defendant(s).

Civil Action No.

COMPLAINT

COMPLAINT

Plaintiff, Jorge Segura (hereinafter “Plaintiff”), by and through his attorneys, The 

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

Defendants, Capital One Bank (USA), N.A. (“Capital One”) and Equifax Information 

Services, LLC (“Equifax”) 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”) and other claims related to unlawful credit reporting practices. The 

FCRA prohibits furnishers of credit information from falsely and inaccurately 

reporting consumers’ credit information to credit reporting agencies. 

PARTIES

2. Plaintiff, Jorge Segura, is an adult citizen of Texas.

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

4. Defendant Capital One is a corporation that furnishes consumer credit 

information to consumer reporting agencies. 

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

maintaining and reporting consumer credit information.

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JURISDICTION AND VENUE

6. 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.

7. Venue in this district is proper pursuant to 28 U.S.C. § 1391 (b)(2) because a 

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

occurred in Texas where Plaintiff resides.

FACTUAL ALLEGATIONS

8. Defendant Capital One issued a credit card account ending in 4333 to Plaintiff. 

The account was routinely reported on Plaintiff’s consumer credit report.

9. 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. 

10. On or about May 29, 2018, Plaintiff and Capital One entered into a settlement 

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

agreement is attached hereto as Exhibit A.

11. Pursuant to the terms of the settlement, Plaintiff was required to make twelve

(12) monthly payments totaling $1,159.11 to settle and close his Capital One

credit account.

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

settlement payments. Redacted proofs of these payments are attached hereto as 

Exhibit B. 

13. However, half a year later, Plaintiff’s Capital One account continued to be

negatively reported. 

14. In particular, on a requested credit report dated November 13, 2019, Plaintiff’s 

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

of $1,159.00, and a past due balance of $1,159.00. The relevant portion of 

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

15. This trade line was inaccurately reported. As evidenced by the settlement 

agreement and proof of payments, the account was settled for less than full 

balance and must be reported as settled with a balance of $0.00. 

16. On or about November 15, 2019, Plaintiff, via his attorney at the time, notified 

Equifax directly of a dispute with completeness and/or accuracy of the reporting 

of Plaintiff’s Capital One account. A redacted copy of this letter and the certified 

mail receipts are attached hereto as Exhibit D.

17. Therefore, Plaintiff disputed the accuracy of the derogatory information reported 

by Capital One to Equifax via certified mail in accordance with 15 U.S.C. § 1681i 

of the FCRA. 

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18. In December 2019, Plaintiff requested an updated credit report for review. The 

tradeline for Plaintiff’s Capital One account remained inaccurate, as Defendants

failed to correct the inaccuracy. The relevant portion of the December 2019 credit 

report is attached hereto as Exhibit E.

19. Equifax did not notify Capital One of the dispute by Plaintiff in accordance with 

the FCRA, or alternatively, did notify Capital One and Capital One failed to 

properly investigate and delete the tradeline or properly update the tradeline on 

Plaintiff’s credit reports. 

20. If Capital One had performed a reasonable investigation of Plaintiff’s dispute, 

Plaintiff’s Capital One account would have been updated to reflect a “settled”

status with a balance of $0.00. 

21. Despite the fact that Capital One has promised through its subscriber agreements 

or contracts to accurately update accounts, Capital One has nonetheless willfully, 

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

requirement as well as the requirements set forth under the FCRA, which has 

resulted in the intended consequences of this information remaining on 

Plaintiff’s credit reports.

22. 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. These violations occurred before, during, and after the 

dispute process began with Equifax.

23. 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 Defendants 

herein.

24. 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.

CLAIM FOR RELIEF

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

set forth above.

26. Equifax is a “consumer reporting agency,” as codified at 15 U.S.C. § 1681a(f).

27. Capital One 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. 

28. Capital One is reporting inaccurate credit information concerning Plaintiff to one 

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

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

and/or accuracy, as reported.

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30. Capital One failed to complete an investigation of Plaintiff’s written dispute and 

provide the results of an investigation to Plaintiff and the credit bureaus within 

the 30-day statutory period as required by 15 U.S.C. § 1681s-2(b).

31. Capital One failed to promptly modify the inaccurate information on Plaintiff’s 

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

32. Equifax failed to delete information found to be inaccurate, reinserted the 

information without following the FCRA, or failed to properly investigate 

Plaintiff’s disputes.

33. Equifax 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).

34. 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.

35. 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.

WHEREFORE, Plaintiff demands that 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; and

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

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands 

trial by jury in this action of all issues so triable.

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

JORGE SEGURA

/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

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