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SCOTT J. SAGARIA (BAR # 217981)

ELLIOT W. GALE (BAR #263326)

JOE B. ANGELO (BAR #268542)

SCOTT M. JOHNSON (BAR #287182)

SAGARIA LAW, P.C.

2033 Gateway Place, 5

th Floor 

San Jose, CA 95110

408-279-2288 ph

408-279-2299 fax

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

 CASE NO. 

COMPLAINT FOR DAMAGES:

1. Violation of Fair Credit Reporting Act;

BETTY GRINDER,

Plaintiff,

v.

Experian Information Solutions, Inc.; Wells 

Fargo Bank, National Association; 

JPMorgan Chase Bank; Comenity, LLC; 

Discover Financial Services; RC Willey 

Home Furnishings, Inc.; TD Bank USA, 

National Association and DOES 1 through 

100 inclusive,

Defendants.

COMES NOW Plaintiff BETTY GRINDER, an individual, based on information and belief, to 

allege as follows: 

INTRODUCTION

1. This case arises under the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(b). Plaintiff 

seeks redress for the unlawful and deceptive practices committed by the Defendants in 

connection with their inaccurate, misleading, or incomplete reporting of Plaintiff’s debt 

included in Plaintiff’s Chapter 7 bankruptcy. 

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2. The United States Congress has found the banking system is dependent upon fair and 

accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the 

banking system, and unfair credit reporting methods undermine the public confidence, 

which is essential to the continued functioning of the banking system. 

3. There exists today in the United States a pervasive and fundamental misunderstanding 

about the long term impact filing a consumer bankruptcy has on a consumer’s credit 

worthiness. Specifically, many consumers believe that because a bankruptcy can be 

reported on their credit report for ten years their credit worthiness will be ruined for the 

same length of time. This is not true. 

4. The majority of consumer Debtors who file consumer bankruptcy do so to raise their 

FICO Score and remedy their poor credit worthiness.

5. It is entirely possible for consumer Debtors to have over a 700 FICO Score within as 

little as 12 months after filing a consumer bankruptcy (Chapter 7 or Chapter 13). 

6. Creditors and lending institutions are aware of the misconception that filing a consumer 

bankruptcy destroys a consumer’s credit worthiness for ten years.

7. In an effort to perpetuate the aforementioned bankruptcy myth, creditors intentionally 

and routinely ignore credit reporting industry standards for accurately reporting 

bankruptcies and debts included in those bankruptcies in an effort to keep consumers’ 

credit scores low and their interest rates high. 

8. Creditors know that by deviating from recognized credit reporting standards consumers 

will have difficulty raising their credit scores and improving their credit worthiness. 

9. This was not the intent of Congress when enacting the Fair Credit Reporting Act and 

the Bankruptcy Abuse Prevention and Consumer Protection Act. 

JURISDICTION & VENUE

10. Plaintiff re-alleges and incorporates herein by this reference the allegations in each and 

every paragraph above, fully set forth herein. 

11. This Court has jurisdiction under 28 U.S.C. §§ 1331, 1337, and 1367, and 15 U.S.C. § 

1681

12. This venue is proper pursuant to 28 U.S.C. §1391(b). 

GENERAL ALLEGATIONS

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13. Plaintiff alleges that each and every defendant data furnisher was included in Plaintiff’s 

Chapter 7 bankruptcy filing.

14. Plaintiff alleges that each and every Defendant is familiar with credit reporting industry 

standards and subscribes thereto. 

15. Plaintiff alleges that each and every Defendant understands that deviation from credit 

reporting industry standards can and often does result in denial of credit, higher interest 

rates, and prompts those making credit decisions to draw a more negative inference 

from the reported data than if the Defendants reported in accordance with the 

recognized industry standard.

16. Plaintiff alleges that all actions alleged herein by Defendants were done knowingly, 

intentionally, and in reckless disregard for credit reporting industry standards in an 

attempt to purposefully undermine Plaintiff’s fresh start via a Chapter 7 discharge. 

17. In the alternative Plaintiff alleges that each and every Defendant’s actions was the 

result of reckless policies and procedures that inevitably led to inaccurate, misleading, 

or incomplete credit reporting. 

FICO, Inc. 

18. FICO is a leading analytics software company with its principal headquarters located in 

San Jose California. FICO has over 130 patents related to their analytics and decision 

management technology, and regularly uses mathematical algorithms to predict 

consumer behavior including credit risk. 

19. The FICO Score has become the standard measure of consumer credit risk in the United 

States and is used in ninety percent of lending decisions. 

20. A FICO score consists of a three-digit number summarizing a consumer’s credit risk or 

likelihood to repay a loan. FICO periodically updates its scoring models resulting in 

multiple FICO Score versions. 

21. Base FICO Scores range from 300 to 850, while industry-specific FICO Scores range 

from 250-900. A higher FICO Score demonstrates lower credit risk or less likelihood of 

default. 

22. Different lenders use different versions of FICO Scores when evaluating a consumer’s 

credit worthiness. 

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23. There are 28 FICO Scores that are commonly used by lenders. 

24. A consumer’s FICO Score is calculated based solely on information in consumer credit 

reports maintained at credit reporting agencies (CRAs). 

25. The three largest CRAs are Experian Information Solutions, Inc.; Equifax, Inc. and 

Transunion, LLC. 

26. FICO does not control what information is provided on a consumer’s credit report. 

Instead, the scoring models or algorithms are based on the premise that information 

provided by the CRAs is accurate and complies with credit reporting industry 

standards. 

27. There are five key factors that a FICO Score considers: 1) Payment History 2) Amount 

of Debt 3) Length of Credit History 4) New Credit and 5) Credit Mix. 

28. Each of the five factors is weighted differently by FICO. 

29. 35% of a consumer’s FICO Score relates to payment history, 30% relates to the amount 

of debt, 15% relates to the length of credit history, 10% relates to new credit, and the 

last 10% relates to a consumer’s credit mix or the different types of debts reported. 

30. Payment history refers to whether a consumer has paid their bills in the past, on time, 

late or missed payments. The more severe, recent, and frequent the late payment 

information, the greater the impact on a FICO Score. Public record items such as 

bankruptcy, foreclosure, judgments, and wage garnishments are also considered part of 

a consumer’s payment history. 

31. In factoring the severity of delinquent payments a FICO Score considers how late the 

payment continues to be, how much is owed, how recently this occurred, and how 

many delinquent accounts exist. 

32. Once a delinquent account has been remedied the longer the account stays current the 

more a consumer’s FICO Score should increase.

33. FICO Scores are entirely dependent upon information provided by data furnishers 

(DFs) to CRAs. 

34. The FICO scoring formula treats both Chapter 7 and Chapter 13 Bankruptcies similarly 

in terms of their impact on one’s FICO Score. Specifically, both Chapters have the 

same level of severity with respect to their FICO Score and for both, FICO uses the 

FILING DATE to determine how long ago the bankruptcy took place. 

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Metro 2

35. The Consumer Data Industry Association is an international trade association 

representing the consumer credit, mortgage reporting, employment and tenant screening 

and collection service industries.

36. The credit reporting industry has adopted a standard electronic data reporting format 

called the Metro 2 format. The Metro 2 format was developed by the CDIA in an effort 

to universally report debts in a particular manner that is understood to be the most 

accurate way in which to report a debt. Specifically, Metro 2 format was designed to 

allow reporting of the most accurate and complete information on consumer’s credit 

history. 

37. The CDIA’s Metro 2 format is the credit reporting industry standard for accurate credit 

reporting. 

38. The credit reporting industry at large depends upon Metro 2 and the CDIA’s 

recommendations for reporting debt accurately. 

39. The CDIA is The expert on accurate credit reporting. In support of this allegation 

Plaintiff avers the following:

a. The CDIA offers a FCRA certificate program for all CRAs.

b. The CDIA offers a FCRA awareness program for all CRAs.

c. The CDIA offers a FCRA Certificate program for DFs.

d. The CDIA offers a FCRA awareness program for DFs.

e. The CDIA offers a Metro 2 Learning system to provide detailed instructions on 

the use of Metro 2 format to ensure understanding of the reporting guidelines 

for each field of the Metro 2 Format as well as the relationship between multiple 

fields.

f. The CDIA hosts workshops developed and authorized by Equifax, Experian, 

Innovis, and Transunion.

g. The CDIA developed a credit reporting resource guide for accurately reporting 

credit. 

40. The CDIA’s Metro 2 is accepted by all CRAs. 

41. The credit reporting accepted industry standards for reporting metro 2 accurately are 

found in the CDIA’s credit reporting resource guide (CRRG).

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42. The CRRG outlines the industry standards for most accurately reporting debts using 

Metro 2. 

43. The CRRG is not readily available to the public. It can be purchased online for 

$229.45. 

44. Even if a buyer is ready willing and able to pay for the CRRG, the CDIA will NOT 

grant access to the guide unless the buyer represents an organization included in the 

Metro 2 Access Policy. 

45. When FICO calculates credit scores the algorithms use Metro 2 information based on 

industry standards established by the CDIA.

46. The algorithms used by FICO in determining a consumer’s credit score are premised on 

the Metro 2 data received comporting with the CDIA’s recommendations for accurate 

credit reporting. 

47. If the Metro 2 data received by FICO deviates from industry standards an inaccurate or 

incorrect FICO Score results. If the resulting FICO Score is lower a consumer will be 

considered a higher credit risk resulting in less favorable lending terms. 

e-OSCAR

48. E-OSCAR is the web based Metro 2 compliant system developed by Experian

Information Solutions, Inc.; Equifax, Inc.; TransUnion, LLC and Innovis that enables 

DFs and CRAs to create and respond to consumer credit disputes

49. When a consumer sends a dispute letter to a CRA the CRA then sends an automated 

credit dispute verification (ACDV) via e-Oscar to the DF.

50. The ACDV contains within it Metro 2 codes next to certain data fields associated with a 

credit file e.g. “Account Type” “07” (07 in Metro 2 refers to a Charge Account)

Bankruptcy Credit Reporting Industry Standards & Consumer 

Information Indicator

51. When a consumer files bankruptcy certain credit reporting industry standards exist.

52. Certain Metro 2 data is regularly expected and calculated by FICO when determining a 

consumer’s credit worthiness. 

53. The Consumer Information Indicator (CII) is a critical field in the Metro 2 Format that 

indicates a special condition that applies to a specific consumer. 

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54. Under Metro 2 the CII must be reported only on the consumer to whom the information 

applies. 

55. It is the credit reporting industry standard to report a very specific CII upon the filing of 

a consumer bankruptcy. 

56. In the consumer bankruptcy context CII Metro 2 Code “A” denotes that a petition for 

Chapter 7 has been filed, is active, but no discharge has been entered. 

57. The CII Metro 2 Code “Z” indicates that a bankruptcy petition has been filed but the 

chapter is undesignated/unknown.

58. The CII Metro 2 Code “E” denotes that a Chapter 7 bankruptcy has been discharged. 

59. The CII field is a critical field for consumers and directly relates to and impacts a 

consumer’s credit worthiness. 

60. Failure to report the correct CII indicator will prompt those making credit decisions to 

draw a more negative inference regarding a consumer’s credit worthiness. 

61. A consumer’s FICO Score is directly related to the date on which a petition is filed and 

acknowledged. The more time that has passed since the filing of the bankruptcy, the 

less negative impact the bankruptcy will have on a consumer’s FICO Score. 

62. Failure to reference the bankruptcy filing (CII field) and or the correct petition date 

shall result in a lower FICO Score resulting in those making credit decisions to draw a 

more negative inference regarding a consumer’s credit worthiness.

Bankruptcy Credit Reporting Industry Standards & Payment history

63. When a consumer files bankruptcy certain credit reporting industry standards exist on 

how to properly report a consumer’s payment history. 

64. The filing of a consumer bankruptcy constitutes an order of relief under 11 U.S.C § 

301(b) and represents the watershed moment in a consumer’s bankruptcy. 

65. The order of relief’s enforcement mechanism is the automatic stay of 11 U.S.C. §362 

which stays or prohibits numerous creditor activities including any act to collect, 

assess, or recover a claim against the debtor that arose before the commencement of the 

case. 

66. When entered, a discharge under 11 U.S.C. § 727 applies only to those debts that arose 

before the order of relief under 11 U.S.C. §301(B) i.e. pre-petition debts. 

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67. Outside the bankruptcy context, the recognized credit reporting industry standard for 

reporting timely payments in a consumer’s payment history profile is to report the 

metro 2 code “0.” 

68. In metro 2 the “0” denotes that a payment was owed and received timely. A lengthy 

payment history showing timely payments results in a higher Fico Score or more 

favorable credit worthiness rating. Generally, when a “0” is reported the CRA’s reflect 

the 0 as an “ok” notation in a consumer’s payment history profile. 

69. Outside the bankruptcy context, in metro 2 a “1” denotes that an account is 30-59 days 

past due. Generally, when a “1” is reported the CRAs reflect the “1” as a “30” (30 days 

late) in the payment history section.

70. Outside the bankruptcy context, in metro 2 a “2” denotes an account is 60-89 days past 

due. Generally, when a “2” is reported the CRAs reflect the “2” as a “60” (60 days late) 

in the payment history section. 

71. Outside the bankruptcy context, in metro 2 a “3” denotes 90-119 days past due 

reflected by a “90” in the payment history; a “4” denotes an account 120-149 days past 

due reflected by a “120” in the payment history; a “5” denotes an account is 150-179 

days past due and reflected by a “150” in the payment history, a “6” denotes an account 

is 180 days past due; and an “L” denotes a charge off and reflected by a “CO” or 

“negative” in the payment history section. 

72. In the bankruptcy context, the recognized credit reporting industry standard for 

reporting payment history post-petition but pre discharge is to report the Metro 2 

indicator “D.” In metro 2 the “D” in the payment history profile reflects that no 

payment history is available.

73. The Metro 2 indicator “D” represents the most complete and accurate way in which to 

report the payment status of an account post-petition pre discharge. Specifically, the 

indicator “D” simultaneously illustrates that no payment was received; and in addition 

that the DF was not anticipating payment, nor would a DF accept payment directly 

from a consumer due to the automatic stay provisions of the bankruptcy code.

74. Failure to adhere to the recognized credit reporting industry standards shall lower a 

consumer’s Fico Score resulting in those making credit decisions to draw a more 

negative inference regarding a consumer’s credit worthiness.

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Plaintiffs Bankruptcy Filing

75. Prior to filing Chapter 7, Plaintiff pulled a credit report on August 11, 2015 to ensure 

all outstanding debt was properly listed and scheduled in Plaintiff’s petition. 

76. The credit report was pulled from a third party vendor CIN Legal Data Services.

77. Plaintiff alleges that all the information contained within the August 11, 2015 CIN 

report was compiled by information gathered by CIN directly from the three major 

CRAs- Experian Information Solutions, Inc.; Equifax, Inc. and Trans Union, LLC.

78. The CIN report contained within it Plaintiff’s estimated credit score of 514 based on the 

information provided by the CRAs. 

79. The CIN report also estimated Plaintiff’s 12-month post-bankruptcy credit score at 642.

80. Plaintiff alleges such scores were based on anticipated accurate credit reporting 

industry standards. 

81. Plaintiff filed for Chapter 7 bankruptcy protection on October 30, 2015 in order to 

reorganize and repair Plaintiff’s credit worthiness and FICO Score.

82. Post filing, Defendants would not accept payments directly from Plaintiff. 

83. Post filing, Defendants were not anticipating receiving payments directly from Plaintiff. 

84. Plaintiff’s bankruptcy was discharged on May 6, 2016. 

85. On September 10, 2016 Plaintiff ordered a credit report from Experian Information 

Solutions, Inc.; Equifax, Inc. and TransUnion, LLC to ensure proper reporting by 

Plaintiff’s Creditors. 

86. Plaintiff noticed 9 different trade lines on the September 10, 2016 credit report all 

reporting inaccurate, misleading, or incomplete information that did not comport with 

credit reporting industry standards. Specifically, multiple trade lines continued to 

report Plaintiff’s accounts with failure to pay, late payments, past due balances, 

inaccurate balances, in collections, and/or charged off. 

87. In response, Plaintiff disputed the inaccurate tradelines via certified mail with Experian 

Information Solutions, Inc.; Equifax, Inc.; and TransUnion, LLC on November 8, 2016.

88. Plaintiff’s dispute letter specifically put each Creditor on notice that Plaintiff had filed 

for bankruptcy and the account was not reporting the bankruptcy accurately or worse 

not at all. Plaintiff specifically requested each Creditor investigate the proper way to 

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report Plaintiff’s bankruptcy. Plaintiff noted that there should not be any past due 

balance reported, the account should not be listed as charged off, transferred or sold, 

with an inaccurate monthly payment or that the account is in collections. There should 

not be any late payments reported after Plaintiff’s case was filed and all creditors 

receiving a dispute needed to investigate how to properly report the debt after a Chapter 

7 bankruptcy filing. Last, Plaintiff noted that under Gorman v. Wolpoff & Abramson, 

Plaintiff expected the accounts to be reported disputed if the Creditor disagreed with 

Plaintiff’s dispute. 

89. Plaintiff is informed and believes that each CRA received Plaintiff’s dispute letter and 

in response sent Plaintiff’s dispute to each DF via an ACDV through e-OSCAR. 

90. On December 13, 2016 Plaintiff ordered a second credit report from Experian 

Information Solutions, Inc.; Equifax, Inc. and TransUnion, LLC to ensure Plaintiff’s

accounts had been updated. 

91. It was now over one year since Plaintiff filed for bankruptcy and Plaintiff’s credit score 

was still well below what accurate credit reporting industry standards would project.

92. Defendant applied for and received credit. However, Defendant’s interest rate is way 

too high. She is being manipulated under the guise of trying to raise her credit score, 

but she can’t because of all of the inaccuracies that remain on her credit report. 

93. Defendant Wells Fargo Bank, National Association was reporting Plaintiff’s account, 

beginning in 4465xxxx, as open, with late payments, with failure to pay listed in the 

payment history, with a balance in the amount of $3,127.00, and with a past due 

balance in the amount of $1,343.00 ALL BEING REPORTED POST DISCHARGE. 

94. This account was opened on May 1, 1985, pre bankruptcy filing.

95. The balance and past due balance listed by Defendant do not comport with Metro 2 

industry standards.

96. Similarly, there have been no late payments on the account, as being reporting for the 

account status and in the comments section on the account. Defendant is not listing the 

correct CII. The CII listed should be E.

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97. Moreover, the late payment listed in November 2016 and multiple failures to pay listed 

in January 2016 through October 2016 are inaccurate and do not list the correct Metro 2 

indicator. The Metro 2 indicator listed should be E.

98. Defendant JPMorgan Chase Bank was reporting Plaintiff’s account, beginning in 

4640xxxx, as charged off, with a balance in the amount of $1,335.00, and with a past 

due balance in the amount of $1,335.00 ALL POST DISCHARGE

99. The balance and past due balance listed by Defendant do not comport with Metro 2 

industry standards.

100. Similarly, the account has not been charged off, as being reporting for the account 

status. Defendant is not listing the correct CII. The CII listed should be E.

101. Defendant Comenity, LLC was reporting Plaintiff’s account, beginning in 1xxxx, with 

failure to pay in the 24 month payment history POST DISCHARGE

102. Defendant Discover Financial Services was reporting Plaintiff’s account, beginning in 

6011xxxx, as charged off rather than discharged in bankruptcy. 

103. Defendant is not listing the correct CII. The CII listed should be E

104. Defendant RC Willey Home Furnishings, Inc. was reporting Plaintiff’s account, 

beginning in 2140xxxx, as charged off, and with a balance in the amount of $2,526.00 

ALL REPORTING POST DISCHARGE .

105. The balance listed by Defendant does not comport with Metro 2 industry standards.

106. Defendant is not listing the correct CII. The CII listed should be E.

107. Defendant TD Bank USA, National Association was reporting Plaintiff’s account, 

beginning in 9770xxxx, as charged off, and with a balance in the amount of $986.00

POST DISCHARGE. 

108. The balance listed by Defendant does not comport with Metro 2 industry standards.

109. Defendant is not listing the correct CII. The CII listed should be E.

110. The actions of the Defendants as alleged herein are acts in violation of the Fair Credit 

Reporting Act, 15 U.S.C. § 1681s-2(b). 

FIRST CAUSE OF ACTION

(Violation of Fair Credit Reporting Act 15 U.S.C. § 1681s-2(b))

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Against Defendants and Does 1-100)

Wells Fargo Bank, National Association; JPMorgan Chase Bank; Comenity, LLC; 

Discover Financial Services; RC Willey Home Furnishings, Inc. and TD Bank 

USA, National Association –Failure to Reinvestigate.

111.Plaintiff realleges and incorporates herein the allegation in each and every paragraph 

above as though fully set forth herein. 

112.15 USC 1681s-2(b) and 15 USC 1681i-(a)1 prohibits furnishers from providing any 

information relating to a consumer to any consumer reporting agency if the person knows 

or has reasonable cause to believe that the information is inaccurate or misleading and 

requires a furnisher to update and or correct inaccurate information after being notified 

by a consumer reporting agency of a dispute by a consumer. 

113.Defendants Wells Fargo Bank, National Association; JPMorgan Chase Bank; Comenity, 

LLC; Discover Financial Services; RC Willey Home Furnishings, Inc. and TD Bank 

USA, National Association violated section 1681s-2(b) by failing to conduct a reasonable 

investigation and re-reporting misleading and inaccurate account information.

114.The CRAs provided notice to the Defendants that Plaintiff was disputing the inaccurate 

and misleading information but Wells Fargo Bank, National Association; JPMorgan 

Chase Bank; Comenity, LLC; Discover Financial Services; RC Willey Home 

Furnishings, Inc. and TD Bank USA, National Association failed to conduct a reasonable 

investigation of the information as required by the FCRA.

115. Based on Plaintiff’s dispute, Defendants should have known their accounts were included 

in Plaintiff’s Chapter 7 bankruptcy. The most basic investigation would include a simple 

review of well-established credit reporting industry standards. 

116. Plaintiff alleges Defendants did not review well established industry standards for credit 

reporting. 

117. If Defendants had reviewed such standards Defendants would have seen their reporting 

was not in compliance and consequently inaccurate and or incomplete. 

118. Such an investigation would be unreasonable. 

119. Plaintiff also alleges that Defendants did not investigate whether Plaintiff filed for 

bankruptcy or whether their accounts were included.

120. The lack of investigation is unreasonable. 

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121. Plaintiff further alleges that neither DF has properly trained those directly investigating 

disputes on Metro 2 generally or credit reporting industry standards and as such have 

developed reckless policies and procedures. 

Experian Information Solutions, Inc. – Failure to Reinvestigate Disputed 

Information.

122. Plaintiff realleges and incorporates herein the allegation in each and every paragraph 

above as though fully set forth herein.

123. After Plaintiff disputed the accounts mentioned above, each CRA was required to 

conduct a reasonable investigation and to delete any information that was not accurate 

under 15 USC 1681i-(a)1.

124. The most basic investigation required each CRA to send all relevant information via 

an ACDV to the furnishers which they did not do. 

125. In addition Experian has access to PACER and could have easily verified Plaintiff 

had filed and received a discharge. Experian did NOT do this. 

126. Thus the CRAs failed to conduct a reasonable investigation and failed to correct the 

misleading and or inaccurate statements on the account within the statutory time 

frame or at all.

127. In the alternative Plaintiff alleges that each CRA has its own independent duty to 

conduct a reasonable investigation 15 USC 1681i-(a)1.

128. Each CRA is not a passive entity bound to report whatever information a DF 

provides. 

129. Plaintiff alleges that each CRA is readily familiar with Metro 2 guidelines and credit 

reporting industry standards. 

130. In fact, each CRA sponsors and authorizes workshops hosted by the CDIA that 

teach the following to DFs: 

a. Do not report delinquencies post petition pre discharge in the payment history 

section regardless of Chapter 7 or Chapter 13. Instead report the Metro 2 

indicator D. 

b. In Chapter 13 cases do not report past due balances post confirmation. 

c. In Chapter 13 cases do not report balances that are inconsistent with the terms 

of the Chapter 13 plan. 

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d. In Chapter 13 cases do not report monthly payments that are inconsistent with 

the terms of the Chapter 13 plan.

e. The above reporting is the correct and accurate way to report debts included in 

consumer bankruptcy filings. 

131. Given the aforementioned, Plaintiff alleges that each CRA can and does suppress 

inaccurate information from being reported when DFs provide inaccurate 

information.

132. Each CRA can and does instruct DFs on how to properly report certain accounts from 

time to time upon request from the DF. 

133. Each CRA failed to conduct a reasonable investigation because any basic 

investigation would have uncovered that certain DFs were not following credit 

reporting industry standards. 

134. Each CRA would have known that Plaintiff filed for Chapter 13 based on multiple 

other accounts reporting as much. 

135. Each CRA would have known that Plaintiff’s plan had been confirmed based on 

multiple other accounts reporting as much. 

136. Each CRA would have known that failure to report a CII given that a Chapter 13 was 

filed did not comport with industry standards. 

137. Each CRA would have known reporting a past due balance post confirmation does 

not comport with industry standards. 

138. Each CRA therefore did not do the most basic investigation regarding credit reporting 

industry standards otherwise the aforementioned would have been uncovered. 

Wherefore, Plaintiff prays for judgment as hereinafter set forth.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

1. For preliminary and permanent injunctive relief to stop Defendants from 

engaging in the conduct described above;

2. Award statutory and actual damages pursuant to 15 U.S.C. § 1681n;

3. Award punitive damages in order to deter further unlawful conduct pursuant to 

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15 U.S.C. § 1681n; 

4. Award attorney’s fees and costs of suit incurred herein pursuant to 15 U.S.C. § 

1681n & o; 

5. For determination by the Court that Creditor’s policies and practices are 

unlawful and in willful violation of 15 U.S.C. § 1681n, et seq.; and

6. For determination by the Court that Creditor’s policies and practices are 

unlawful and in negligent violation of 15 U.S.C. § 1681o;

SAGARIA LAW, P.C.

Dated: January 23, 2017 /s/ Elliot Gale, Esq.

Scott Sagaria, Esq.

Elliot Gale, Esq.

Attorneys for Plaintiff

DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial of this matter by jury.

SAGARIA LAW, P.C.

Dated: January 23, 2017 /s/ Elliot Gale, Esq.

Scott Sagaria, Esq.

Elliot Gale, Esq.

Attorneys for Plaintiff

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