UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

EL PASO

DANIEL JARAMILLO, individually, and on 

behalf of other similarly situated consumers,

Plaintiff,

vs.

TXU ENERGY; EQUIFAX INFORMATION 

SERVICES LLC; EXPERIAN 

INFORMATION SOLUTIONS INC.,

Defendants.

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Case No.: 3:20-cv-115

CLASS ACTION COMPLAINT

Plaintiff Daniel Jaramillo hereby alleges as follows:

PRELIMINARY STATEMENT

1. This is an action for damages arising from Defendants’ violations of the Fair Credit 

Reporting Act, 15 U.S.C. §1681 et seq. (hereinafter “FCRA”).

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §1331.

3. Venue is proper in this district under 28 U.S.C §1391(b).

PARTIES

4. Plaintiff is a natural person who at all relevant times has resided in El Paso, Texas.

5. TXU Energy (hereinafter “TXU” or “Defendant”) is a corporation doing business in the 

State of Texas, with its corporate headquarters located at 6555 Sierra Dr., Irving, Texas, 75039. 

TXU Energy regularly and in the ordinary course of business furnishes information to various 

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consumer reporting agencies regarding TXU Energy’s transactions with consumers, and is a 

“furnisher” of information as contemplated by FCRA § 1681s-2(a) & (b).

6. Defendant, Equifax Information Services, LLC (“Equifax”), is a business entity that 

regularly conducts business in Connecticut with its principal place of business located at 1550 

Peachtree Street NW, Atlanta, Georgia 30309. Equifax is a “consumer reporting agency,” as 

defined in 15 U.S.C. § 1681a(F) and engaged in the business of assembling, evaluating, and 

disbursing information concerning consumers for the purpose of furnishing consumer reports, as 

defined in 15 U.S.C. §1681 a(d), to third parties.

7. Defendant Experian Information Solutions, Inc. (“Experian”) is a business entity that 

regularly conducts business in Connecticut with its principal place of business as 475 Anton Blvd. 

Costa Mesa, California 92626. Experian is a “consumer reporting agency,” as defined in 15 U.S.C. 

§ 1681a(f) and engaged in the business of assembling, evaluating, and disbursing information 

concerning consumers for the purpose of furnishing consumer reports, as defined in 15 U.S.C. 

§1681 a(d), to third parties.

FACTUAL STATEMENT

8. On a date better known by Defendants, Plaintiff utilized utilities provided by TXU Energy 

under Account No. 10004143**** and incurred a debt. 

9. Account number 10004143**** appears three times on Plaintiff’s Equifax report. 

10. Plaintiff disputed the duplicate trade lines with all three major credit reporting agencies on 

or about May 8, 2018. The credit reporting agencies forwarded Plaintiff’s disputes to TXU 

Energy. 

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11. After receiving these disputes, TXU Energy failed to conduct a reasonable investigation 

and verified the information as accurate. 

12. Equifax and Experian also failed to conduct a reasonable investigation into Plaintiff’s 

dispute and failed to maintain reasonable procedures to prevent duplicate accounts from 

repeatedly hurting the credit scores of consumers. 

13. This inaccuracy severely impacts Plaintiff’s debt-to-income ratio and misleads potential 

creditors. A high debt-to-income ratio is a significant factor that future creditors evaluate. See

Consumer Finance Protection Bureau website at https://www.consumerfinance.gov/askcfpb/what-is-a-debt-to-income-ratio-why-is-the-43-debt-to-income-ratio-important-en-1791/.

14. Further, each negative item on a credit report hurts the credit score. Therefore, reporting a 

negative item three times, hurts the credit score more than a single credit entry.

15. Defendant’s actions caused emotional stress and financial hardship to Plaintiff.

CLASS ACTION ALLEGATIONS 

The Class

16. Plaintiff brings this as a class action pursuant to Fed. R. Civ. P. 23. Plaintiff seeks to 

represent a class for purposes of liability and statutory damages only. Plaintiff does not seek actual 

damages for the classes. 

17. Plaintiff seeks certification of the following classes, initially defined as follows:

Class A: All natural persons residing within the United States, beginning five years prior to 

the filing of this Complaint, whose Equifax and Experian credit reports contained a 

duplicate or triplicate TXU Energy line.

Subclass A: All natural persons residing in the State of Texas, beginning five years prior to 

the filing of this Complaint, whose Equifax and Experian credit reports contained a 

duplicate or triplicate trade line.

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Numerosity

18. Upon information and belief, Equifax and Experian credit reports contained duplicate or 

triplicate TXU Energy trade line for hundreds, if not thousands, of credit reports for consumers, 

each of which violates the FCRA. The members of the Class, therefore, are believed to be so 

numerous that joinder of all members is impracticable.

19. The exact number and identities of the Class members are unknown at this time and can 

only be ascertained through discovery. Identification of the Class members is a matter capable of 

ministerial determination from the records of Equifax, Experian, and TXU Energy. This class is 

particularly ascertainable given the fact that the nature of the claim is obvious on the face of any 

credit report. 

Common Questions of Law and Fact

20. There are questions of law and fact common to the class that predominates over any 

questions affecting only individual Class members. These common questions of law and fact 

include, without limitation: (i) whether Equifax, Experian, and TXU Energy violated various 

provisions of the FCRA; (ii) whether the Plaintiff and the Classes have been injured by the conduct 

of Equifax, Experian, and TXU Energy; (iii) whether the Plaintiff and the Classes have sustained 

damages and are entitled to restitution as a result of Equifax, Experian, and TXU Energy’s 

wrongdoing and, if so, what is the proper measure and appropriate statutory formula to be applied 

in determining such damages and restitution; and (iv) whether the Plaintiff and the Classes are 

entitled to declaratory and/or injunctive relief.

Typicality

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21. The Plaintiff's claims are typical of the claims of the class members. Plaintiff and all 

members of the Plaintiff's Classes defined in this complaint have claims arising out of the common 

uniform course of conduct complained of herein: Plaintiff and each member of the class have 

duplicate or triplicate TXU Energy credit entries on their credit files. Accordingly, Plaintiff's claims 

are typical of the claims of the Classes, and Plaintiff has no interests adverse or antagonistic to the 

interests of other members of the Classes.

Protecting the Interests of the Class Members

22. Plaintiff will fairly and adequately represent the Class members’ interests, in that the 

Plaintiff's counsel is experienced and, further, anticipates no impediments in the pursuit and 

maintenance of the class action as sought herein.

23. Neither the Plaintiff nor his counsel have any interests, which might cause them not to 

vigorously pursue the instant class action lawsuit.

Proceeding Via Class Action is Superior and Advisable

24. A class action is superior to other methods for the fair and efficient adjudication of the 

claims herein asserted.

25. The members of the Classes are generally unsophisticated individuals, whose rights will 

not be vindicated in the absence of a class action.

26. Prosecution of separate actions by individual members of the Classes would create the risk 

of inconsistent or varying adjudications resulting in the establishment of inconsistent or varying 

standards for the parties.

27. Certification of a class under Rule 23(b)(3) of the Federal Rules of Civil Procedure is 

appropriate in that the questions of law and fact common to members of the Plaintiff's Classes 

predominate over any questions affecting an individual member, and a class action is superior to 

other available methods for the fair and efficient adjudication of the controversy.

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28. Certification of a class under Rule 23(b)(1) of the Federal Rules of Civil Procedure is 

appropriate in that prosecuting separate actions against any of the named Defendants concerning 

their failure to maintain adequate policies to comply with the FCRA could result in inconsistent or 

varying adjudications with respect to individual class members, and would result in adjudications 

that would impair or impede their ability to protect their interests. 

29. Depending on the outcome of further investigation and discovery, Plaintiff may, at the time 

of class certification motion, seek to certify one or more classes only as to particular issues pursuant 

to Fed. R. Civ. P. 23(c)(4).

30. A class action will permit a large number of similarly situated persons to prosecute their 

common claims in a single forum simultaneously, efficiently, and without the duplication of effort 

and expense that numerous individual actions would engender. Class treatment also will permit the 

adjudication of relatively small claims by many Class members who could not otherwise afford to 

seek legal redress for the wrongs complained of herein.

31. Absent a class action, the members of the Classes will continue to suffer losses borne from 

Equifax, Experian, and TXU Energy’s breaches of Class members’ statutorily protected rights as 

well as monetary damages, thus allowing and enabling Equifax, Experian, and TXU Energy’s 

conduct to proceed and harm consumers.

32. Equifax, Experian, and TXU Energy have acted, and will act, on grounds generally 

applicable to the Classes, thereby making appropriate a final injunctive relief or corresponding 

declaratory relief with respect to the Classes as a whole.

COUNT I

VIOLATIONS OF THE FAIR CREDIT REPORTING ACT

BY TXU ENERGY

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33. Plaintiff repeats, re-alleges, and reasserts the allegations contained in the above paragraphs 

and incorporates them as if specifically set forth at length herein.

34. At all times pertinent hereto, TXU Energy was a “person” as that term is used and defined 

under 15 U.S.C. § 1681a.

35. TXU Energy willfully and negligently supplied the credit reporting agencies with 

information about Plaintiff that was false, misleading, and inaccurate.

36. After receiving notice of Plaintiff’s dispute, TXU Energy willfully and negligently failed 

to conduct a reasonable investigation of the inaccurate information that Plaintiff disputed, and 

continued reporting the inaccurate information to the credit reporting agencies.

37. By failing to conduct a reasonable investigation into Plaintiff’s disputes, TXU Energy

negligently violated § 1681s-2(b). 

38. Alternatively, by willfully failing to conduct a reasonable investigation TXU Energy

willfully violated § 1681s-2(b). 

39. As a direct and proximate result of TXU Energy’s willful and/or negligent refusal to comply 

with the FCRA as described herein, Plaintiff has suffered loss and damage including, but not 

limited to: financial loss, loss of creditworthiness, loss of credit opportunity, damage to reputation, 

expenditure of significant time, energy and out-of-pocket costs, distress, mental anguish, worry, 

frustration, fear and embarrassment.

COUNT II

VIOLATION OF THE FAIR CREDIT REPORTING ACT 

AS TO EQUIFAX

40. Plaintiff repeats, realleges, and reasserts the allegations contained in the paragraphs above 

and incorporates them as if specifically set forth at length herein.

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41. Defendant Equifax prepared, compiled, issued, assembled, transferred, published and 

otherwise reproduced consumer reports regarding Plaintiff as that term is used and defined under 

15 U.S.C. § 1681a.

42. Equifax negligently and willfully failed to maintain and/or follow reasonable procedures to 

assure maximum possible accuracy of the information it reported to one or more third parties 

pertaining to Plaintiff, in violation of 15 U.S.C. § 1681e(b).

43. Specifically, by allowing the same creditor to report multiple trade lines for the same debt, 

Equifax has failed to maintain reasonable procedures.

44. Equifax negligently and willfully failed to reinvestigate Plaintiff’s disputes in violation of 

15 U.S.C. § 1681i. Had it done so, it would have stopped reporting the same debt multiple times. 

45. Equifax’s conduct, action and inaction was willful, rendering each liable for actual and 

statutory damages, and punitive damages in an amount to be determined by the Court pursuant to 

15 U.S.C. § 1681n. In the alternative, Equifax was negligent entitling the Plaintiff to recover actual 

damages under 15 U.S.C. § 1681o. 

COUNT III

VIOLATION OF THE FAIR CREDIT REPORTING ACT 

AS TO EXPERIAN

46. Plaintiff repeats, realleges, and reasserts the allegations contained in the paragraphs above 

and incorporates them as if specifically set forth at length herein.

47. Defendant Experian prepared, compiled, issued, assembled, transferred, published and 

otherwise reproduced consumer reports regarding Plaintiff as that term is used and defined under 

15 U.S.C. § 1681a.

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48. Experian negligently and willfully failed to maintain and/or follow reasonable procedures 

to assure maximum possible accuracy of the information it reported to one or more third parties 

pertaining to Plaintiff, in violation of 15 U.S.C. § 1681e(b).

49. Specifically, by allowing the same creditor to report multiple trade lines for the same debt, 

Experian has failed to maintain reasonable procedures.

50. Experian negligently and willfully failed to reinvestigate Plaintiff’s disputes in violation of 

15 U.S.C. § 1681i. Had it done so, it would have stopped reporting the same debt multiple times. 

51. Experian’s conduct, action and inaction was willful, rendering each liable for actual and 

statutory damages, and punitive damages in an amount to be determined by the Court pursuant to 

15 U.S.C. § 1681n. In the alternative, Experian was negligent entitling the Plaintiff to recover 

actual damages under 15 U.S.C. § 1681o. 

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment against 

Defendants for the greater of statutory or actual damages, plus punitive damages along with costs, 

interest, and attorney’s fees. 

JURY TRIAL DEMAND

52. Plaintiff demands a jury trial on all issues so triable.

Dated this 28

th day of April 2020

Respectfully Submitted,

/S/ Daniel Zemel, Esq.

Daniel Zemel

Zemel Law LLC

1373 Broad St., Suite 203-C

Clifton, New Jersey 07013

(P) (862) 227-3106

dz@zemellawllc.com

Attorney for Plaintiff

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