UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

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Joshua Thurston,

Plaintiff, C.A. No.: 5:20-cv-513

-against- DEMAND FOR JURY TRIAL

Equifax Information Services, LLC,

Experian Information Solutions, Inc.,

TransUnion, LLC,

USAA Federal Savings Bank,

Army and Air Force Exchange Service, dba Military Star.

Defendant(s). 

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COMPLAINT

Plaintiff Joshua Thurston ("Plaintiff"), by and through his attorneys, and as for his

Complaint against Defendant Equifax Information Services, LLC (“Equifax”), Defendant 

Experian Information Solutions, Inc. (“Experian”), Defendant TransUnion, LLC (“Transunion”),

Defendant USAA Federal Savings Bank (“USAA”), and Defendant Army and Air Force 

Exchange Service dba Military Star (“Military Star”), respectfully sets forth, complains, and 

alleges, upon information and belief, the following: 

JURISDICTION AND VENUE 

1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1367, as well as 15 

U.S.C. § 1681p et seq. 

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2. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2), being that 

the acts and transactions occurred here, Plaintiff resides here, and Defendants transact 

business here. 

3. Plaintiff brings this action for damages arising from the Defendants’ violations of 15 

U.S.C. § 1681 et seq., commonly known as the Fair Credit Reporting Act (“FCRA”).

PARTIES

4. Plaintiff is a resident of the State of Texas, Bexar County, residing at 10822 Green 

Brook St., San Antonio, TX 78223.

5. At all times material hereto, Plaintiff was a “consumer” as said term is defined under 15 

U.S.C. § 1681a(c).

6. Defendant Equifax Information Services, LLC is a consumer reporting agency as 

defined by 15 U.S.C. § 1681a(f) and conducts substantial and regular business activities 

in this judicial district. Defendant Equifax is a Georgia corporation registered to do 

business in the State of Texas, and may be served with process upon the Corporation 

Service Company, its registered agent for service of process at 211 E 7th Street, Ste 620, 

Austin, TX, 78701.

7. At all times material here to Equifax is a consumer reporting agency regularly engaged 

in the business of assembling, evaluating and disbursing information concerning 

consumers for the purpose of furnishing consumer reports, as said term is defined under 

15 U.S.C. § 1681(d) to third parties.

8. At all times material hereto, Equifax disbursed such consumer reports to third parties 

under a contract for monetary compensation.

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9. Defendant Experian Information Solutions, Inc. (“Experian”) is a consumer reporting 

agency as defined by 15 U.S.C. § 1681a(f) and conducts substantial and regular 

business activities in this judicial district. Defendant Experian is an Ohio corporation 

registered to do business in the State of Texas, and may be served with process upon 

CT Corporation, its registered agent for service of process at 1999 Bryan St., Ste. 900 

Dallas, TX, 75201.

10. At all times material here to Experian is a consumer reporting agency regularly 

engaged in the business of assembling, evaluating and disbursing information 

concerning consumers for the purpose of furnishing consumer reports, as said term is 

defined under 15 U.S.C. § 1681d to third parties.

11. At all times material hereto, Experian disbursed such consumer reports to third parties 

under a contract for monetary compensation.

12. Defendant Transunion is a consumer reporting agency as defined by 15 U.S.C. 

§ 1681a(f) and conducts substantial and regular business activities in this judicial 

district. Defendant Transunion is a Delaware corporation registered to do business in 

the State of Texas, and may be served with process upon the Corporation Service

Company d/b/a CSC - Lawyers Incorporating Service, its registered agent for service of 

process at 211 E. 7th Street, Suite 620, Austin, TX, 78701.

13. At all times material here to Transunion is a consumer reporting agency regularly 

engaged in the business of assembling, evaluating and disbursing information 

concerning consumers for the purpose of furnishing consumer reports, as said term is 

defined under 15 U.S.C. § 1681d to third parties.

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14. At all times material hereto, Transunion disbursed such consumer reports to third 

parties under a contract for monetary compensation.

15. Defendant USAA is a person who furnishes information to consumer reporting 

agencies under 15 U.S.C. § 1681s-2 with an address for service in the State of Texas at 

the Corporation Service Company d/b/a CSC - Lawyers Incorporating Service, its 

registered agent for service of process at 211 E. 7th Street, Suite 620, Austin, TX,

78701.

16. Defendant Army and Air Force Exchange Service dba Military Star is a person who 

furnishes information to consumer reporting agencies under 15 U.S.C. § 1681s-2 with 

an address for service in the State of Texas c/o John F. Bash, United States Attorney for 

the Western District of Texas, 601 NW Loop 410, Suite 600, San Antonio, TX 78216.

FACTUAL ALLEGATIONS

17. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein. 

USAA Violation and Dispute

18. On information and belief, on a date better known to Defendants Transunion and 

Experian (“Credit Bureaus”), the Credit Bureaus prepared and issued credit reports 

concerning the Plaintiff that included inaccurate information relating to a USAA debt.

19. Plaintiff had financed a motorcycle purchase with a loan from USAA.

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20. The inaccurate information furnished by Defendant USAA and published by the Credit 

Bureaus is inaccurate since on Transunion it lists the USAA debt as charged off as bad 

debt, as well as stating a past due balance, while on Experian it includes late payments.

21. In fact, Plaintiff had previously paid the loan in full and USAA acknowledged as much 

in a letter sent to the Plaintiff.

22. The Credit Bureaus have been reporting this inaccurate information through the 

issuance of false and inaccurate credit information and consumer reports that they have 

disseminated to various persons and credit grantors, both known and unknown.

23. Plaintiff notified the Credit Bureaus that he disputed the accuracy of the information the 

Credit Bureaus were reporting on or around December 24, 2018, via dispute letters sent 

to each credit bureau.

24. It is believed and therefore averred that the Credit Bureaus notified Defendant USAA

of Plaintiff’s disputes.

25. Upon receipt of the dispute of the account from the Plaintiff by the Credit Bureaus, 

USAA failed to conduct a reasonable investigation and continued to furnish false and 

inaccurate adverse information on the consumer report of the Plaintiff with respect to 

the disputed account. 

26. Furthermore, USAA failed to mark the account as disputed despite receiving notice of 

the Plaintiff’s dispute.

27. Despite the dispute by the Plaintiff that the information on his consumer report was 

inaccurate with respect to the disputed account, the Credit Bureaus did not evaluate or 

consider any of the information, claims, or evidence of the Plaintiff and did not make 

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an attempt to substantially reasonably verify that the derogatory information concerning 

the disputed account was inaccurate.

28. The Credit Bureaus violated 15 U.S. Code § 1681i (a)(1)(A) by failing to conduct a 

reasonable investigation and failed to delete or correct the disputed trade line within 30 

days of receiving Plaintiff’s dispute letter.

29. Notwithstanding Plaintiff’s efforts, Defendant Credit Bureaus sent Plaintiff 

correspondence indicating their intent to continue publishing the inaccurate information 

and Defendants continued to publish and disseminate such inaccurate information to 

other third parties, persons, entities and credit grantors.

30. As of the date of the filing of this Complaint, Defendant USAA continues to furnish 

credit data which is inaccurate and materially misleading, and Defendants Transunion 

and Experian’s reporting of the above-referenced trade line continues to be inaccurate 

and materially misleading.

31. As a result of Defendants’ failure to comply with the FCRA, Plaintiff has suffered a 

decreased credit score due to the inaccurate information on Plaintiff’s credit file.

Military Star Violation and Dispute

32. On information and belief, on a date better known to Defendants Transunion, Equifax 

and Experian, hereinafter (“the Bureaus”), the Bureaus prepared and issued credit 

reports concerning the Plaintiff that included inaccurate information relating to his 

Military Star account.

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33. The inaccurate information furnished by Defendant Military Star and published by the 

Bureaus is inaccurate since it erroneously contains a record of a late payment for the 

month of December 2018.

34. The Bureaus have been reporting this inaccurate information through the issuance of 

false and inaccurate credit information and consumer reports that they have 

disseminated to various persons and credit grantors, both known and unknown.

35. Plaintiff notified the Bureaus that he disputed the accuracy of the information the

Bureaus were reporting on or around December 24, 2018, via dispute letters sent to 

each bureau.

36. It is believed and therefore averred that the Bureaus notified Defendant Military Star of 

the Plaintiff’s dispute.

37. Upon receipt of the dispute of the account from the Plaintiff by the Bureaus, Military 

Star failed to conduct a reasonable investigation and continued to furnish false and 

inaccurate adverse information on the consumer report of the Plaintiff with respect to 

the disputed account. 

38. Furthermore, Military Star failed to mark the account as disputed despite receiving 

notice of the Plaintiff’s dispute.

39. Despite the dispute by the Plaintiff that the information on his consumer report was 

inaccurate with respect to the disputed account, the Bureaus did not evaluate or 

consider any of the information, claims, or evidence of the Plaintiff and did not make 

an attempt to substantially reasonably verify that the derogatory information concerning 

the disputed account was inaccurate.

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40. The Bureaus violated 15 U.S. Code § 1681i (a)(1)(A) by failing to conduct a reasonable 

investigation and failed to delete or correct the disputed trade line within 30 days of 

receiving Plaintiff’s dispute letter.

41. Notwithstanding Plaintiff’s efforts, the Bureaus sent Plaintiff correspondence indicating 

their intent to continue publishing the inaccurate information and Defendants continued 

to publish and disseminate such inaccurate information to other third parties, persons, 

entities and credit grantors.

42. As of the date of the filing of this Complaint, Defendant Military Star continues to 

furnish credit data which is inaccurate and materially misleading, and Defendants 

Equifax, Transunion and Experian’s reporting of the above-referenced trade line 

continues to be inaccurate and materially misleading.

43. Defendants’ erroneous reporting continues to affect Plaintiff’s creditworthiness and 

credit score.

44. Plaintiff has suffered a decreased credit score as a result of the inaccurate information 

on Plaintiff’s credit file.

FIRST CAUSE OF ACTION 

(Willful Violation of the FCRA as to Equifax)

45. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

46. This is an action for willful violation of the Fair Credit Reporting Act U.S.C. § 1681 et 

seq.

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47. Equifax violated 15 U.S.C. § 1681e by failing to establish or to follow reasonable 

procedures to assure maximum possible accuracy in the preparation of the credit report 

and credit files that Equifax maintained concerning the Plaintiff.

48. Equifax has willfully and recklessly failed to comply with the Act. The failure of Equifax 

to comply with the Act include but are not necessarily limited to the following:

a) The failure to follow reasonable procedures to assure the maximum possible 

accuracy of the information reported;

b) The failure to correct erroneous personal information regarding the Plaintiff 

after a reasonable request by the Plaintiff;

c) The failure to remove and/or correct the inaccuracy and derogatory credit 

information after a reasonable request by the Plaintiff;

d) The failure to promptly and adequately investigate information which 

Defendant Equifax had notice was inaccurate;

e) The continual placement of inaccurate information into the credit report of the 

Plaintiff after being advised by the Plaintiff that the information was inaccurate;

f) The failure to note in the credit report that the Plaintiff disputed the accuracy of 

the information;

g) The failure to promptly delete information that was found to be inaccurate, or 

could not be verified, or that the source of information had advised Equifax to 

delete;

h) The failure to take adequate steps to verify information Equifax had reason to 

believe was inaccurate before including it in the credit report of the consumer.

i) Failure to reply to Plaintiff’s dispute notice.

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49. As a result of the conduct, action and inaction of Equifax, the Plaintiff suffered damage 

by loss of credit, loss of ability to purchase and benefit from credit, and the mental and 

emotional pain, anguish, humiliation and embarrassment of credit denial.

50. The conduct, action and inaction of Equifax was willful rendering Equifax liable for 

actual, statutory and punitive damages in an amount to be determined by a Judge and or 

Jury pursuant to 15 U.S.C. § 1681n.

51. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from Equifax in 

an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant, Equifax, for damages together with attorney’s fees and court costs pursuant to 

15 U.S.C. § 1681n.

SECOND CAUSE OF ACTION 

(Negligent Violation of the FCRA as to Equifax)

52. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

53. This is an action for negligent violation of the Fair Credit Reporting Act U.S.C. § 1681 

et seq.

54. Equifax violated 15 U.S.C. § 1681i(a) by failing to delete inaccurate information from 

the credit file of the Plaintiff after receiving actual notice of such inaccuracies and 

conducting reinvestigation and by failing to maintain reasonable procedures with which 

to verify the disputed information in the credit file of the Plaintiff.

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55. Equifax has negligently failed to comply with the Act. The failure of Equifax to comply 

with the Act include but are not necessarily limited to the following:

a) The failure to follow reasonable procedures to assure the maximum possible 

accuracy of the information reported;

b) The failure to correct erroneous personal information regarding the Plaintiff 

after a reasonable request by the Plaintiff;

c) The failure to remove and/or correct the inaccuracy and derogatory credit 

information after a reasonable request by the Plaintiff;

d) The failure to promptly and adequately investigate information which 

Defendant Equifax had notice was inaccurate;

e) The continual placement of inaccurate information into the credit report of the 

Plaintiff after being advised by the Plaintiff that the information was inaccurate;

f) The failure to note in the credit report that the Plaintiff disputed the accuracy of 

the information;

g) The failure to promptly delete information that was found to be inaccurate, or 

could not be verified, or that the source of information had advised Equifax to 

delete;

h) The failure to take adequate steps to verify information Equifax had reason to 

believe was inaccurate before including it in the credit report of the consumer.

i) Failure to reply to Plaintiff’s dispute notice.

56. As a result of the conduct, action and inaction of Equifax, the Plaintiff suffered damage 

by loss of credit, loss of ability to purchase and benefit from credit, and the mental and 

emotional pain, anguish, humiliation and embarrassment of credit denial.

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57. The conduct, action and inaction of Equifax was negligent, entitling the Plaintiff to 

damages under 15 U.S.C. § 1681o.

58. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from Equifax in 

an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n and 1681o.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant, Equifax, for damages together with attorney’s fees and court costs pursuant to 

15 U.S.C. § 1681n.

THIRD CAUSE OF ACTION 

(Willful Violation of the FCRA as to Experian)

59. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

60. This is an action for willful violation of the Fair Credit Reporting Act U.S.C. § 1681 et 

seq.

61. Experian violated 15 U.S.C. § 1681e by failing to establish or to follow reasonable 

procedures to assure maximum possible accuracy in the preparation of the credit report 

and credit files that Experian maintained concerning the Plaintiff.

62. Experian has willfully and recklessly failed to comply with the Act. The failure of 

Experian to comply with the Act include but are not necessarily limited to the following:

a) The failure to follow reasonable procedures to assure the maximum possible 

accuracy of the information reported;

b) The failure to correct erroneous personal information regarding the Plaintiff 

after a reasonable request by the Plaintiff;

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c) The failure to remove and/or correct the inaccuracy and derogatory credit 

information after a reasonable request by the Plaintiff;

d) The failure to promptly and adequately investigate information which 

Defendant Experian had notice was inaccurate;

e) The continual placement of inaccurate information into the credit report of the 

Plaintiff after being advised by the Plaintiff that the information was inaccurate;

f) The failure to note in the credit report that the Plaintiff disputed the accuracy of 

the information;

g) The failure to promptly delete information that was found to be inaccurate, or 

could not be verified, or that the source of information had advised Experian to 

delete;

h) The failure to take adequate steps to verify information Experian had reason to 

believe was inaccurate before including it in the credit report of the consumer.

63. As a result of the conduct, action and inaction of Experian, the Plaintiff suffered damage 

by loss of credit, loss of ability to purchase and benefit from credit, and the mental and 

emotional pain, anguish, humiliation and embarrassment of credit denial.

64. The conduct, action and inaction of Experian was willful rendering Experian liable for 

actual, statutory and punitive damages in an amount to be determined by a Judge/ and or 

Jury pursuant to 15 U.S.C. § 1681n.

65. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from Experian in 

an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n.

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WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant, Experian, for damages together with attorney’s fees and court costs pursuant 

to 15 U.S.C. § 1681n.

FOURTH CAUSE OF ACTION 

(Negligent Violation of the FCRA as to Experian)

66. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

67. This is an action for negligent violation of the Fair Credit Reporting Act U.S.C. § 1681 

et seq.

68. Experian violated 15 U.S.C. § 1681i(a) by failing to delete inaccurate information from 

the credit file of the Plaintiff after receiving actual notice of such inaccuracies and 

conducting reinvestigation and by failing to maintain reasonable procedures with which 

to verify the disputed information in the credit file of the Plaintiff.

69. Experian has negligently failed to comply with the Act. The failure of Experian to comply 

with the Act include but are not necessarily limited to the following:

a) The failure to follow reasonable procedures to assure the maximum possible 

accuracy of the information reported;

b) The failure to correct erroneous personal information regarding the Plaintiff 

after a reasonable request by the Plaintiff;

c) The failure to remove and/or correct the inaccuracy and derogatory credit 

information after a reasonable request by the Plaintiff;

d) The failure to promptly and adequately investigate information which 

Defendant Experian had notice was inaccurate;

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e) The continual placement of inaccurate information into the credit report of the 

Plaintiff after being advised by the Plaintiff that the information was inaccurate;

f) The failure to note in the credit report that the Plaintiff disputed the accuracy of 

the information;

g) The failure to promptly delete information that was found to be inaccurate, or 

could not be verified, or that the source of information had advised Experian to 

delete;

h) The failure to take adequate steps to verify information Experian had reason to 

believe was inaccurate before including it in the credit report of the consumer.

70. As a result of the conduct, action and inaction of Experian, the Plaintiff suffered damage 

by loss of credit, loss of ability to purchase and benefit from credit, and the mental and 

emotional pain, anguish, humiliation and embarrassment of credit denial.

71. The conduct, action and inaction of Experian was negligent, entitling the Plaintiff to 

damages under 15 U.S.C. § 1681o.

72. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from Experian in 

an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n and 1681o.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant, Experian, for damages together with attorney’s fees and court costs pursuant 

to 15 U.S.C. § 1681n.

FIFTH CAUSE OF ACTION 

(Willful Violation of the FCRA as to Transunion)

73. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

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74. This is an action for willful violation of the Fair Credit Reporting Act U.S.C. § 1681 et 

seq.

75. Transunion violated 15 U.S.C. § 1681e by failing to establish or to follow reasonable 

procedures to assure maximum possible accuracy in the preparation of the credit report 

and credit files that Transunion maintained concerning the Plaintiff.

76. Transunion has willfully and recklessly failed to comply with the Act. The failure of 

Transunion to comply with the Act include but are not necessarily limited to the 

following:

a) The failure to follow reasonable procedures to assure the maximum possible 

accuracy of the information reported;

b) The failure to correct erroneous personal information regarding the Plaintiff 

after a reasonable request by the Plaintiff;

c) The failure to remove and/or correct the inaccuracy and derogatory credit 

information after a reasonable request by the Plaintiff;

d) The failure to promptly and adequately investigate information which 

Defendant Transunion had notice was inaccurate;

e) The continual placement of inaccurate information into the credit report of the 

Plaintiff after being advised by the Plaintiff that the information was inaccurate;

f) The failure to note in the credit report that the Plaintiff disputed the accuracy of 

the information;

g) The failure to promptly delete information that was found to be inaccurate, or 

could not be verified, or that the source of information had advised Transunion

to delete;

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h) The failure to take adequate steps to verify information Transunion had reason 

to believe was inaccurate before including it in the credit report of the 

consumer.

i) Failure to reply to Plaintiff’s dispute notice.

77. As a result of the conduct, action and inaction of Transunion, the Plaintiff suffered 

damage by loss of credit, loss of ability to purchase and benefit from credit, and the 

mental and emotional pain, anguish, humiliation and embarrassment of credit denial.

78. The conduct, action and inaction of Transunion was willful rendering Transunion liable 

for actual, statutory and punitive damages in an amount to be determined by a Judge/ and 

or Jury pursuant to 15 U.S.C. § 1681n.

79. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from Transunion

in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant, Transunion, for damages together with attorney’s fees and court costs pursuant 

to 15 U.S.C. § 1681n.

SIXTH CAUSE OF ACTION 

(Negligent Violation of the FCRA as to Transunion)

80. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

81. This is an action for negligent violation of the Fair Credit Reporting Act U.S.C. § 1681 

et seq.

82. Transunion violated 15 U.S.C. § 1681i(a) by failing to delete inaccurate information from 

the credit file of the Plaintiff after receiving actual notice of such inaccuracies and 

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conducting reinvestigation and by failing to maintain reasonable procedures with which 

to verify the disputed information in the credit file of the Plaintiff.

83. Transunion has negligently failed to comply with the Act. The failure of Transunion to 

comply with the Act include but are not necessarily limited to the following:

a) The failure to follow reasonable procedures to assure the maximum possible 

accuracy of the information reported;

b) The failure to correct erroneous personal information regarding the Plaintiff 

after a reasonable request by the Plaintiff;

c) The failure to remove and/or correct the inaccuracy and derogatory credit 

information after a reasonable request by the Plaintiff;

d) The failure to promptly and adequately investigate information which 

Defendant Transunion had notice was inaccurate;

e) The continual placement of inaccurate information into the credit report of the 

Plaintiff after being advised by the Plaintiff that the information was inaccurate;

f) The failure to note in the credit report that the Plaintiff disputed the accuracy of 

the information;

g) The failure to promptly delete information that was found to be inaccurate, or 

could not be verified, or that the source of information had advised Transunion

to delete;

h) The failure to take adequate steps to verify information Transunion had reason 

to believe was inaccurate before including it in the credit report of the 

consumer.

i) Failure to reply to Plaintiff’s dispute notice.

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84. As a result of the conduct, action and inaction of Transunion, the Plaintiff suffered 

damage by loss of credit, loss of ability to purchase and benefit from credit, and the 

mental and emotional pain, anguish, humiliation and embarrassment of credit denial.

85. The conduct, action and inaction of Transunion was negligent, entitling the Plaintiff to 

damages under 15 U.S.C. § 1681o.

86. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from Transunion

in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n and 1681o.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant, Transunion, for damages together with attorney’s fees and court costs pursuant 

to 15 U.S.C. § 1681n.

SEVENTH CAUSE OF ACTION 

(Willful Violation of the FCRA as to Defendant USAA)

87. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

88. This is an action for willful violation of the Fair Credit Reporting Act U.S.C. § 1681 et 

seq.

89. Pursuant to the Act, all persons who furnished information to reporting agencies must 

participate in re-investigations conducted by the agencies when consumers dispute the 

accuracy and completeness of information contained in a consumer credit report.

90. Pursuant to the Act, a furnisher of disputed information is notified by the reporting 

agency when the agency receives a notice of dispute from a consumer such as the 

Plaintiff. The furnisher must then conduct a timely investigation of the disputed 

information and review all relevant information provided by the agency.

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91. The results of the investigation must be reported to the agency and, if the investigation 

reveals that the original information is incomplete or inaccurate, the information from a 

furnisher such as the above listed above must report the results to other agencies which 

were supplied such information.

92. The Defendant USAA violated 15 U.S.C. § 1681s2-b by the publishing of the Account 

Liability Representation; by failing to fully and properly investigate the dispute of the 

Plaintiff with respect to the Account Liability Representation; by failing to review all 

relevant information regarding same by failing to correctly report results of an accurate 

investigation to the credit reporting agencies.

93. Specifically, the Defendant USAA continued to report this account on the Plaintiff’s 

credit report after being notified of his dispute that the account had previously been paid 

in full.

94. Additionally, Defendant USAA failed to mark the account as disputed despite receiving 

notice of the Plaintiff’s dispute.

95. As a result of the conduct, action and inaction of the Defendant USAA, the Plaintiff 

suffered damage for the loss of credit, loss of the ability to purchase and benefit from 

credit, and the mental and emotional pain, anguish, humiliation and embarrassment of 

credit denials.

96. The conduct, action and inaction of Defendant USAA was willful, rendering Defendant 

USAA liable for actual, statutory and punitive damages in an amount to be determined 

by a jury pursuant to 15 U.S.C. § 1681n. 

97. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from Defendant 

USAA in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n.

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WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant USAA for damages together with attorney’s fees and court costs pursuant to 15 

U.S.C. § 1681n.

EIGHTH CAUSE OF ACTION 

(Negligent Violation of the FCRA as to Defendant USAA)

98. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

99. This is an action for negligent violation of the Fair Credit Reporting Act U.S.C. § 1681 

et seq.

100. Pursuant to the Act, all person who furnished information to reporting agencies 

must participate in re-investigations conducted by the agencies when consumers dispute 

the accuracy and completeness of information contained in a consumer credit report.

101. Pursuant to the Act, a furnisher of disputed information is notified by the reporting 

agency when the agency receives a notice of dispute from a consumer such as the 

Plaintiff. The furnisher must then conduct a timely investigation of the disputed 

information and review all relevant information provided by the agency.

102. The results of the investigation must be reported to the agency and, if the 

investigation reveals that the original information is incomplete or inaccurate, the 

information from a furnisher such as the above-named Defendant must report the results 

to other agencies which were supplied such information.

103. Defendant USAA is liable to the Plaintiff for failing to comply with the 

requirements imposed on furnishers of information pursuant to 15 U.S.C. § 1681s2-b.

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104. After receiving the Dispute Notices from Transunion, and Experian, Defendant 

USAA negligently failed to conduct its reinvestigation in good faith.

105. A reasonable investigation would require a furnisher such as Defendant USAA to 

consider and evaluate a specific dispute by the consumer, along with all other facts, 

evidence and materials provided by the agency to the furnisher.

106. Additionally, Defendant USAA failed to mark the account as disputed despite 

receiving notice of the Plaintiff’s dispute.

107. The conduct, action and inaction of Defendant USAA was negligent, entitling the 

Plaintiff to recover actual damages under 15 U.S.C. § 1681o. 

108. As a result of the conduct, action and inaction of the Defendant USAA, the Plaintiff 

suffered damage for the loss of credit, loss of the ability to purchase and benefit from 

credit, and the mental and emotional pain, anguish, humiliation and embarrassment of 

credit denials.

109. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from the 

Defendant USAA in an amount to be determined by the Court pursuant to 15 U.S.C. 

§ 1681n and 1681o.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant USAA, for damages together with attorney’s fees and court costs pursuant to 

15 U.S.C. § 1681n.

NINTH CAUSE OF ACTION 

(Willful Violation of the FCRA as to Defendant Military Star)

110. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

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111. This is an action for willful violation of the Fair Credit Reporting Act U.S.C. § 1681 

et seq.

112. Pursuant to the Act, all persons who furnished information to reporting agencies 

must participate in re-investigations conducted by the agencies when consumers dispute 

the accuracy and completeness of information contained in a consumer credit report.

113. Pursuant to the Act, a furnisher of disputed information is notified by the reporting 

agency when the agency receives a notice of dispute from a consumer such as the Plaintiff. 

The furnisher must then conduct a timely investigation of the disputed information and 

review all relevant information provided by the agency.

114. The results of the investigation must be reported to the agency and, if the 

investigation reveals that the original information is incomplete or inaccurate, the 

information from a furnisher such as the above listed above must report the results to other 

agencies which were supplied such information.

115. The Defendant Military Star violated 15 U.S.C. § 1681s2-b by the publishing of the 

Account Liability Representation; by failing to fully and properly investigate the dispute 

of the Plaintiff with respect to the Account Liability Representation; by failing to review 

all relevant information regarding same by failing to correctly report results of an accurate 

investigation to the credit reporting agencies.

116. Specifically, the Defendant Military Star continued to report this account on the 

Plaintiff’s credit report after being notified of his dispute regarding the delinquent payment.

117. Additionally, Defendant Military Star failed to mark the account as disputed despite 

receiving notice of the Plaintiff’s dispute.

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118. As a result of the conduct, action and inaction of the Defendant Military Star, the 

Plaintiff suffered damage for the loss of credit, loss of the ability to purchase and benefit 

from credit, and the mental and emotional pain, anguish, humiliation and embarrassment 

of credit denials.

119. The conduct, action and inaction of Defendant Military Star was willful, rendering 

Defendant Military Star liable for actual, statutory and punitive damages in an amount to 

be determined by a jury pursuant to 15 U.S.C. § 1681n. 

120. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from 

Defendant Military Star in an amount to be determined by the Court pursuant to 15 U.S.C. 

§ 1681n.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant Military Star for damages together with attorney’s fees and court costs pursuant 

to 15 U.S.C. § 1681n.

TENTH CAUSE OF ACTION 

(Negligent Violation of the FCRA as to Defendant Military Star)

121. Plaintiff incorporates by reference all of the above paragraphs of this Complaint as 

though fully stated herein with the same force and effect as if the same were set forth at 

length herein.

122. This is an action for negligent violation of the Fair Credit Reporting Act U.S.C. 

§ 1681 et seq.

123. Pursuant to the Act, all person who furnished information to reporting agencies 

must participate in re-investigations conducted by the agencies when consumers dispute 

the accuracy and completeness of information contained in a consumer credit report.

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124. Pursuant to the Act, a furnisher of disputed information is notified by the reporting 

agency when the agency receives a notice of dispute from a consumer such as the Plaintiff. 

The furnisher must then conduct a timely investigation of the disputed information and 

review all relevant information provided by the agency.

125. The results of the investigation must be reported to the agency and, if the 

investigation reveals that the original information is incomplete or inaccurate, the 

information from a furnisher such as the above-named Defendant must report the results to 

other agencies which were supplied such information.

126. Defendant Military Star is liable to the Plaintiff for failing to comply with the 

requirements imposed on furnishers of information pursuant to 15 U.S.C. § 1681s2-b.

127. After receiving the Dispute Notices from Transunion, Equifax and Experian, 

Defendant Military Star negligently failed to conduct its reinvestigation in good faith.

128. A reasonable investigation would require a furnisher such as Defendant Military 

Star to consider and evaluate a specific dispute by the consumer, along with all other facts, 

evidence and materials provided by the agency to the furnisher.

129. Additionally, Defendant Military Star failed to mark the account as disputed despite 

receiving notice of the Plaintiff’s dispute.

130. The conduct, action and inaction of Defendant Military Star was negligent, entitling 

the Plaintiff to recover actual damages under 15 U.S.C. § 1681o. 

131. As a result of the conduct, action and inaction of the Defendant Military Star, the 

Plaintiff suffered damage for the loss of credit, loss of the ability to purchase and benefit 

from credit, and the mental and emotional pain, anguish, humiliation and embarrassment 

of credit denials.

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132. The Plaintiff is entitled to recover reasonable costs and attorney’s fees from the 

Defendant Military Star in an amount to be determined by the Court pursuant to 15 U.S.C. 

§ 1681n and 1681o.

WHEREFORE, Plaintiff, Joshua Thurston, an individual, demands judgment in his favor 

against Defendant Military Star, for damages together with attorney’s fees and court costs pursuant 

to 15 U.S.C. § 1681n.

DEMAND FOR TRIAL BY JURY

133. Plaintiff demands and hereby respectfully requests a trial by jury for all claims 

and issues in this complaint to which Plaintiff is or may be entitled to a jury trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment from each Defendant as follows:

a) For actual damages provided and pursuant to 15 U.S.C. § 1681o(a) be awarded for 

each negligent violation as alleged herein;

b) For actual damages provided and pursuant to 15 U.S.C. § 1640(a)(1);

c) For Statutory damages provided and pursuant to 15 U.S.C. § 1681n(a);

d) For Statutory damages provided and pursuant to 15 U.S.C. § 1640(a)(2);

e) For Punitive damages provided and pursuant to 15 U.S.C. § 1681n(a)(2);

f) For attorney fees and costs provided and pursuant to 15 U.S.C. § 1681n(a)(3), 15 

U.S.C. § 1681o(a)(2) and 15 U.S.C. § 1640(a)(3);

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g) For any such other and further relief, as well as further costs, expenses and 

disbursements of this action as this Court may deem just and proper. 

Dated: April 27, 2020

/s/ Yaakov Saks

Stein Saks, PLLC

By: Yaakov Saks

285 Passaic Street

Hackensack, NJ 07601

Phone: (201) 282-6500 ext. 101

Fax: (201)-282-6501

ysaks@steinsakslegal.com

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