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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

Renee Guerrero,

Plaintiff,

– against–

Capital One Bank USA, National Association

and Equifax Information Services, LLC,

Defendant(s).

Civil Action No.

COMPLAINT

COMPLAINT

Plaintiff, Renee Guerrero (hereinafter “Plaintiff”), by and through her attorneys,

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

Defendants, Capital One Bank, National Association (“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, Renee Guerrero is an adult citizen of San Antonio, 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.

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 

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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 is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and 

1391(c)(2).

FACTUAL ALLEGATIONS

8. Defendant Capital One issued an account ending in 0075 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 21, 2019, Plaintiff and Phillips & Cohen Associates, Ltd., on 

behalf of 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 a

payment totaling $4,285.00 to settle and close her Capital One account.

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

settlement payments. Redacted proof of this payment is attached hereto as 

Exhibit B. 

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

negatively reported. 

14. In particular, on a requested credit report dated October 2, 2019, Plaintiff’s 

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

of $10,710.00, and a past due balance of $10,710.00. 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 payment, 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 October 21, 2019, Plaintiff, via her 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. 

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. 

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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.

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).

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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 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; 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.

RENEE GUERRERO

/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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