UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

(COLUMBUS)

MICHAEL J. YOUNG, )

)

Plaintiff, )

)

vs. )

) Case No.: 2:18-cv-00052-MHW-CMV

LEXISNEXIS, et al., )

)

Defendants. )

___________________________________ )

DEFENDANT EQUIFAX INFORMATION SERVICES LLC’S 

ANSWER AND DEFENSES TO PLAINTIFF’S COMPLAINT

Defendant, Equifax Information Services LLC (“Equifax”), incorrectly named as Equifax 

Credit Information Services, Inc., by Counsel, files its Answer and Defenses to Plaintiff’s 

Complaint (“Complaint”) as follows:

PRELIMINARY STATEMENT

In answering the Complaint, Equifax states that it is responding to allegations on behalf 

of itself only, even where the allegations pertain to alleged conduct by all Defendants. Equifax 

denies any and all allegations in the headings and/or unnumbered paragraphs in the Complaint. 

ANSWER

Equifax is without knowledge or information sufficient to form a belief as to the truth of 

the allegations in the “Background Information” section on page 1 of the Complaint. 

In response to the specific allegations in the enumerated paragraphs in the Complaint, 

Equifax responds as follows:

1. Equifax is without knowledge or information sufficient to form a belief as to the 

truth of the allegations in Paragraph 1.

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2. Equifax admits it conducts business in the State of Ohio. Equifax is without 

knowledge or information sufficient to form a belief as to the truth of the remaining allegations 

in Paragraph 2.

3. To the extent Plaintiff has properly alleged his claims, Equifax admits the Court 

may exercise its jurisdiction.

4. Equifax is without knowledge or information sufficient to form a belief as to the 

truth of the allegations in Paragraph 4.

5. Equifax is without knowledge or information sufficient to form a belief as to the 

truth of the allegations in Paragraph 5.

6. Equifax is without knowledge or information sufficient to form a belief as to the 

truth of the allegations in Paragraph 6.

7. Equifax reasserts and re-alleges its responses and defenses as set forth above in 

Paragraphs 1 through 6.

8. Equifax admits that it received disputes from Plaintiff. The disputes speak for 

themselves, and to the extent that Plaintiff misstates, misquotes, mischaracterizes, or takes out of 

context the contents of the disputes, Equifax denies those allegations. Equifax denies the 

remaining allegations in Paragraph 8.

9. Equifax denies the allegations in Paragraph 9.

10. Equifax reasserts and re-alleges its responses and defenses as set forth above in 

Paragraphs 1 through 9.

11. Equifax is without knowledge or information sufficient to form a belief as to the 

truth of the allegations in Paragraph 11.

12. Equifax is without knowledge or information sufficient to form a belief as to the 

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truth of the allegations in Paragraph 12.

13. Equifax reasserts and re-alleges its responses and defenses as set forth above in 

Paragraphs 1 through 12.

14. Equifax is without knowledge or information sufficient to form a belief as to the 

truth of the allegations in Paragraph 14.

15. Equifax is without knowledge or information sufficient to form a belief as to the 

truth of the allegations in Paragraph 15.

16. Equifax denies Plaintiff is entitled to any relief claimed in the WHEREFORE 

Paragraphs.

17. Equifax admits Plaintiff demands a trial by jury.

18. Any allegation in Plaintiff’s Complaint not heretofore specifically responded to 

by Equifax is hereby denied. 

DEFENSES

Without assuming the burden of proof where it otherwise rests with Plaintiff, Equifax 

pleads the following defenses to the Complaint: 

FIRST DEFENSE

At all pertinent times, Equifax maintained reasonable procedures to assure maximum 

possible accuracy in its credit reports.

SECOND DEFENSE

Plaintiff’s damages, if any, were not caused by Equifax, but by another person or entity 

for whom or for which Equifax is not responsible.

THIRD DEFENSE

Equifax has complied with the Fair Credit Reporting Act in its handling of Plaintiff’s 

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credit file and is entitled to each and every defense stated in the Act and any and all limitations 

of liability.

FOURTH DEFENSE

At all relevant times herein, the Plaintiff’s alleged damages, which Equifax denies exist, 

were aggravated by the failure of the Plaintiff to use reasonable diligence to mitigate the same. 

Therefore, Plaintiff’s recovery, if any, should be barred or decreased by reason of his failure to 

mitigate alleged losses.

FIFTH DEFENSE

Plaintiff cannot meet the requirements of 15 U.S.C. § 1681n in order to recover punitive 

or statutory damages.

SIXTH DEFENSE

Equifax adopts by reference the defenses, criteria, limitations, standards and 

constitutional protections mandated or provided by the United States Supreme Court in the 

following cases: BMW v. Gore, 517 U.S. 559 (1996); Cooper Indus., Inc. v. Leatherman Tool 

Group, Inc., 532 U.S. 923 (2001); State Farm v. Campbell, 538 U.S. 408 (2003), and Safeco 

Insurance Co. of America v. Burr, 551 U.S. 47 (2007).

Equifax reserves the right to have additional defenses that it learns through the course of 

discovery.

WHEREFORE, having fully answered or otherwise responded to the allegations in 

Plaintiff’s Complaint, Equifax prays that:

(1) Plaintiff’s Complaint be dismissed in its entirety and with prejudice, with all costs 

taxed against Plaintiff;

(2) Equifax be dismissed as a party to this action;

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(3) Equifax recover such other and additional relief as the Court deems just and 

appropriate.

Respectfully submitted,

/s/ David A. Wallace

David A. Wallace (0031356)

Tyler K. Ibom (0085928)

CARPENTER LIPPS & LELAND LLP

280 Plaza, Suite 1300

280 North High Street

Columbus, Ohio 43215

(614) 365-4100 (Telephone)

(614) 365-9145 (Facsimile)

wallace@carpenterlipps.com

ibom@carpenterlipps.com

Attorneys for Defendant

Equifax Information Services, LLC 

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CERTIFICATE OF SERVICE

I certify that a copy of the foregoing was filed electronically on May 14, 2018. Notice 

of this filing was also sent by operation of the Court's electronic filing system to all other 

counsel who have entered an appearance and any parties who have entered an appearance 

through counsel. The parties may access this filing through the Court's ECF system.

I certify that a copy of the foregoing was also served on May 14, 2018 by First Class U.S. 

Mail, postage prepaid upon:

Michael J. Young 

610 Old Farm Road 

Columbus, Ohio 43213

/s/ David A. Wallace

One of the Attorneys for Defendant

Equifax Information Services, LLC

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