1 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

ANITA CARTER Civil Action No. 

Plaintiff 

v. 

 

EXPERIAN INFORMATION SOLUTIONS,

INC., TRANS UNION, LLC, EQUIFAX 

INFORMATION SERVICES, LLC, 

COMENITY BANK

JURY TRIAL DEMANDED

 

Defendants 

________________________________________ 

COMPLAINT

NOW comes the Plaintiff, ANITA CARTER (hereinafter the “Plaintiff”), through their 

Counsel of record to make their allegations known against the Defendants by and through their 

complaint that alleges the following: 

PRELIMINARY STATEMENT

1. This is an action for actual, statutory, and punitive damages, costs, and attorneys’ fees 

pursuant to 15 U.S.C. §1681 et seq. (Fair Credit Reporting Act).

2. Plaintiff makes these allegations on information and belief, with the exception of those 

allegations that pertain to Plaintiff or Plaintiff’s counsel, which Plaintiff alleges on personal 

knowledge.

3. While many violations are described below with specificity, this Complaint alleges 

violations of the statutes cited in their entirety.

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4. All violations by the Defendants were knowing, reckless, willful, and intentional, and 

Defendants did not maintain procedures reasonably adapted to avoid any such violations.

5. Unless otherwise indicated, the use of a Defendant’s name in this Complaint includes 

all agents, principles, managing agents, employees, officers, members, directors, heirs, successors, 

assigns, principals, trustees, sureties, subrogees, representatives, subsidiaries, shell corporations, 

D/B/As and insurers of those Defendants named in this Complaint.

JURISDICTION AND VENUE

6. Jurisdiction of this Court is conferred by 15 U.S.C. §1681(p) and 28 U.S.C. §1331. 

7. Venue in this District is appropriate under 28 U.S.C. §1391(b).

PARTIES

8. Plaintiff is a natural person and a “consumer” as that term is defined by 15 U.S.C. § 

1681a(c). 

9. Defendant, Experian Information Solutions, Inc (hereinafter Experian) is a For-Profit 

Incorporation that has a headquarters in the Eastern District of Texas as well as being registered 

to do business in Texas and with a registered agent in Texas. Defendant is a “consumer reporting 

agency,” as defined by 15 U.S.C. §1681a(f), and is engaged in the business of assembling, 

evaluating, and disbursing information concerning consumers for the purpose of furnishing 

consumer reports, as defined by 15 U.S.C. §1681a(d), to third parties.

10. Defendant, Equifax Information Services, LLC, (hereinafter Equifax) is a Foreign ForProfit Limited Liability Company registered to do business in Texas and with a registered agent in 

Texas. Defendant is a “consumer reporting agency,” as defined by 15 U.S.C. § 1681a(f), and is 

engaged in the business of assembling, evaluating, and disbursing information concerning 

consumers for the purpose of furnishing consumer reports, as defined by 15 U.S.C. § 1681a(d), to 

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third parties. Based on information and belief, Equifax is reporting consumer credit files on over 

one million consumers in the Eastern District of Texas.

11. Defendant, TransUnion, LLC, (hereinafter TransUnion) is a Foreign For-Profit Limited 

Liability Company registered to do business in Texas and with a registered agent in Texas. 

Defendant is a “consumer reporting agency,” as defined by 15 U.S.C. § 1681a(f), and is engaged 

in the business of assembling, evaluating, and disbursing information concerning consumers for 

the purpose of furnishing consumer reports, as defined by 15 U.S.C. § 1681a(d), to third parties. 

Based on information and belief, TransUnion is reporting consumer credit files on over one million 

consumers in the Eastern District of Texas.

12. Defendant Comenity Bank (hereinafter Comenity) is a For-Profit Limited Liability 

Company registered to do business in Texas and with a registered agent in Texas. Defendant is a 

“furnisher” of information, as defined by 15 U.S.C §1681s(a)&(b), who regularly and in the 

ordinary course of business furnishes credit information to Credit Reporting Agencies about 

consumer transactions. Defendant is actively conducting business in the Eastern District of Texas.

13. All defendants conduct regular, continuous, systematic, and substantial business in the 

Eastern District of Texas. 

FACTUAL ALLEGATIONS

14. Plaintiff incorporates by reference all the foregoing paragraphs as though the same 

were set forth at length herein.

15. Plaintiff’s name is Anita Carter. 

16. Plaintiff purchased a home in March 2023. When they closed on the home, Heritage 

Title sent a check to pay off Plaintiff’s Comenity Bank Zales card in full. Plaintiff has proof of 

this. Plaintiff is still being held accountable for a balance that was already paid off. 

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17. After Plaintiff discovered the inaccurate credit reporting, they disputed the inaccurate 

account with Experian, Equifax, and TransUnion (collectively “the Credit Reporting Agencies”), 

via dispute letters mailed directly the Credit Reporting Agencies via USPS certified mail dated 

October 6, 2023, each containing a detailed and thorough dispute letter in which Plaintiff identified 

the accounts and other information appearing on their credit report. In their dispute letter, Plaintiff 

explained that they were the victim of inaccurate credit reporting. Plaintiff included a copy of their 

driver’s license with their dispute letter. 

18. In order to aid the Credit Reporting Agencies in their processing of their dispute, 

Plaintiff recorded a video explaining their situation and their damages and included links to the 

video in their dispute letter.

19. Plaintiff’s first Equifax dispute was picked up at the postal facility and signed for by 

an Equifax employee on October 13, 2023. Plaintiff’s Equifax dispute appears to have been signed 

for by an Equifax employee named Emanual Holdman. The USPS return receipt for Plaintiff’s 

first Experian dispute provides that it was delivered and left with an individual at Experian on 

October 14, 2023. Plaintiff’s first Experian dispute was signed for by an Experian employee named 

James Swanson. Plaintiff’s first TransUnion dispute was picked up at a postal facility and signed 

for by a TransUnion employee on October 13, 2023. 

20. Later, on November 26, 2023, Plaintiff viewed their Experian credit report and found 

that it had continued reporting the disputed account inaccurately on Plaintiff’s Experian credit 

report.

21. On November 27, 2023, Plaintiff viewed their Equifax and TransUnion credit reports 

and found that the Credit Reporting Agencies had continued reporting the disputed account

inaccurately on Plaintiff’s respective credit reports.

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22. Experian, TransUnion, Equifax, and Comenity Bank reported inaccurate credit 

information on Plaintiff’s credit file and credit report. 

23. The inaccurate account that continued to be reported by the Credit Reporting Agencies 

(collectively “the CRAs”) is:

ADS/COMENITY/ZALES Acct# 578097XXXXXXXXXX

CAUSES OF ACTION

24. Plaintiff incorporates by reference the foregoing paragraphs and footnotes as though 

the same were set forth at length herein.

25. This suit is based upon the Defendants’ violations of the Fair Credit Reporting Act 

(FCRA). All causes of action were the proximate, substantial factor in, and/or producing causes of 

damages which Plaintiff has suffered.

COUNT I-VIOLATION OF THE FAIR CREDIT REPORTING ACT

26. Plaintiff incorporates by reference the foregoing paragraphs as though the same were 

set forth at length herein.

27. This suit is brought against all Defendants as Plaintiff’s damages that are the basis of 

this lawsuit were caused by Defendants’ violations of the FCRA. In all instances of violating the 

FCRA, Defendants’ conduct was willful, intentional, reckless, and/or negligent. Under, 15 U.S.C. 

§1681n and §1681o, Plaintiff is entitled to recover statutory damages, actual damages, punitive 

damages, and reasonable attorneys’ fees. 

 15 U.S.C. §1681n, “Civil Liability for willful noncompliance” reads: 

(a) Any person who willfully fails to comply with any requirement 

imposed under this title with respect to any consumer is liable to that 

consumer in an amount equal to the sum of 

(1) any actual damages sustained by the consumer as a result of the 

failure or damages of not less than $100 and not more than $1000 

(2) such amount of punitive damages as the court may allow; and 

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(3) in the case of any successful action to enforce any liability under 

this section, the costs of the action together with reasonable 

attorneys fees as determined by the court. 

 And, 15 U.S.C. §1681o, “Civil Liability for negligent noncompliance” reads: 

(a) Any person who is negligent in failing to comply with any 

requirement imposed under this title with respect to any consumer 

is liable to that consumer in an amount equal to the sum of: 

(1) any actual damages sustained by the consumer as a result of the 

failure; and

(2) in the case of any successful action to enforce any liability under 

this section, the costs of the action with reasonable attorney’s fees 

as determined by the court. 

Experian’s FCRA Violations

28. After Plaintiff discovered the inaccurate credit reporting of the Comenity Bank account 

on their Experian credit report, Plaintiff mailed a dispute directly to Experian via USPS certified 

mail. 

29. Plaintiff’s dispute package to Experian included a detailed and thorough dispute letter 

dated October 6, 2023, and a copy of Plaintiff’s driver’s license for identification verification. 

30. In order to aid Experian in its processing of Plaintiff’s dispute, Plaintiff recorded a 

video explaining their situation and their damages and included links to the video in their dispute 

letter.

31. Plaintiff’s dispute package to Experian was delivered and left with an individual at 

Experian on October 14, 2023. Plaintiff’s first dispute package to Experian was signed for by an 

Experian employee named James Swanson. 

32. On November 26, 2022, Plaintiff viewed their Experian credit report and found that 

Experian had continued to report the disputed Comenity account.

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33. Experian violated its duty under 15 U.S.C. §1681i(a)(1)(A) by failing conduct a 

reasonable investigation into Plaintiff’s notice of dispute. Based on the facts, information and 

allegations within the complaint, Experian willfully, intentionally, recklessly, and/or negligently 

violated this section of the FCRA. 

34. Experian violated its duty under 15 U.S.C. §1681i(a)(4) by failing to review and 

consider the documents that Plaintiff attached to the dispute letter. Based on the facts, information 

and allegations within the complaint, Experian willfully, intentionally, recklessly, and/or 

negligently violated this section of the FCRA. 

35. Experian violated its duty under 15 U.S.C. §1681i(a)(5) by failing to delete or correct 

the inaccurate information that was disputed. Based on the facts, information and allegations 

within the complaint, Experian willfully, intentionally, recklessly, and/or negligently violated this 

section of the FCRA. 

36. The fact that Experian continued its reporting of the inaccurate information on Plaintiff’s 

credit profiles/credit reports is proof that Experian failed to conduct a reasonable investigation, 

failed to properly review and consider the attached documents, and failed to delete or correct the 

inaccurate information on more than one occasion.

15 U.S.C. §1681i(a)(1)(A) reads:

 (a) Reinvestigations in case disputed information

(1) Reinvestigation required

(A) In general-- Subject to subjection (f), if the completeness or accuracy of 

any item of information contained in a consumer's file at a consumer reporting 

agency is disputed by the consumer and the consumer notifies the agency 

directly, or indirectly through a reseller, of such dispute, the agency shall, free 

of charge, conduct a reasonable reinvestigation to determine whether the 

disputed information is inaccurate and record the current status of the disputed 

information, or delete the item from the file in accordance with paragraph (5), 

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before the end of the 30 day period beginning on the date on which the agency 

receives the notice of the dispute from the consumer or reseller.

And;

15 U.S.C. §1681i(a)(4) reads:

(4) Consideration of consumer information. In conducting any reinvestigation 

under paragraph (1) with respect to disputed information in the file of any 

consumer, the consumer reporting agency shall review and consider all relevant 

information submitted by the consumer in the period described in paragraph 

(1)(A) with respect to such disputed information.

And; 

15 U.S.C. §1681i(a)(5) reads: 

 (5) Treatment of Inaccurate or Unverifiable Information 

(A)In general. If, after any reinvestigation under paragraph (1) of 

any information disputed by a consumer, an item of the information 

is found to be inaccurate or incomplete or cannot be verified, the 

consumer reporting agency shall-

(i) promptly delete that item of information from the file 

of the consumer, or modify that item of information, 

as appropriate, based on the results of the 

reinvestigation; and 

(ii) promptly notify the furnisher of that information that 

the information has been modified or deleted from 

the file of the consumer 

37. Experian violated 15 U.S.C. §1681e(b), when it failed to follow reasonable procedures 

to assure maximum accuracy of the information, it reported on Plaintiff’s credit report/file. Based 

on the facts, information and allegations within the complaint, Experian willfully, intentionally, 

recklessly, and negligently violated this section of the FCRA. 

38. If Experian had implemented reasonable procedures to assure maximum accuracy, it

would have either deleted, suppressed and/or blocked the inaccurate information after being 

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notified of the problem from Plaintiff’s detailed dispute letter along with documents that prove the 

information is inaccurate. 

15 U.S.C. §1681e(b) reads as follows: 

(a) Accuracy of the Report 

Whenever a consumer reporting agency prepares a consumer

report it shall follow reasonable procedures as assure maximum 

possible Accuracy of the information concerning the individual 

about whom the report relates.

Damages 

39. Experian’s inaccurate reporting has caused past, current, and future actual damages to 

the Plaintiff and will continue to cause damages for an unknown period of time. The inaccurate 

account being reported has a negative effect on Plaintiff’s credit reputation, credit worthiness, and 

credit scores, and Plaintiff’s overall borrowing power is severely damaged. In short, Plaintiff’s 

credit was destroyed. Plaintiff is entitled to an accurate credit file/report.

40. As a result of Experian’s violations of the FCRA, which are listed above, Plaintiff is 

entitled to actual, statutory, and punitive damages along with their attorney’s fees and costs in this 

matter. Experian, as defined above, conducted itself in a manner that it acted willfully, 

intentionally, recklessly, and/or negligently in its actions related to Plaintiff and therefore Plaintiff 

is entitled to actual, statutory, and punitive damages along with their attorney’s fees and costs in 

this matter. 

41. The conduct of Experian was a direct and/or proximate cause, as well as a substantial 

factor in, and/or a producing cause bringing about the serious injuries, damages, and harm that 

Plaintiff has suffered and continues to suffer as of the filing of this complaint. Plaintiff expects 

their damages caused by Experian to continue to accrue and be ongoing until they are made whole 

again if that ever occurs. 

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42. Experian, due to its conduct, is liable to compensate Plaintiff for the full amount of 

actual, statutory, compensatory, and punitive damages, as well as, such other relief, permitted by 

law to compensate. Plaintiff has suffered the following types of damages due to the previously 

described conduct of Experian:

a. Physical manifestations of mental anguish, humiliation, embarrassment, 

and anxiety. Plaintiff’s anxiety, depression and mental anguish have caused 

Plaintiff frequent loss of sleep up to 3-4 nights weekly, weight loss, and 

neck and back pain. Plaintiff now takes medication for her headaches, loss 

of sleep, stress, and high blood pressure. Plaintiff’s damages are significant, 

continuing, and ongoing.

b. Emotional damages in the form of mental anguish, humiliation, and 

embarrassment. The inaccurate reporting has caused Plaintiff to feel 

anxious in her everyday life. Plaintiff has also suffered from depression as 

a result of Experian’s conduct. Plaintiff also takes medication to alleviate 

her stress and anxiety. Plaintiff has experienced debilitating stress, anxiety, 

and depression as a result of Experian’s inaccurate reporting and cries 

frequently due to the stress she has been under. Plaintiff’s damages are 

significant, continuing, and ongoing.

c. Damages to Plaintiff’s credit worthiness, credit reputation, and borrowing 

power. Plaintiff’s wealth has been delayed as a result of Experian’s conduct.

43. Plaintiff’s damages caused by and through the conduct of Experian are more 

specifically described as follows:

a. Emotional damages in the form of mental anguish, humiliation, embarrassment, 

depression, and anxiety.

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b. Physical manifestations of stress and anxiety including loss of sleep, headaches, 

weight loss, and neck and back pain.

c. Financial damages including damages to Plaintiff’s creditworthiness, credit 

reputation, and borrowing power. 

d. All other damages as described above.

44. All of Plaintiff’s damages have led to their great detriment and loss were caused by and 

are continuing due to the above-described conduct of Experian. 

Trans Union’s FCRA Violations

45. After Plaintiff discovered the inaccurate credit reporting of the Comenity account on 

their TransUnion credit report, Plaintiff mailed their dispute directly to TransUnion via USPS 

certified mail.

46. Plaintiff’s dispute package to TransUnion included a detailed and thorough dispute letter dated

October 6, 2023, and a copy of Plaintiff’s driver’s license for identification verification.

47. In order to aid TransUnion in its processing of Plaintiff’s dispute, Plaintiff recorded a 

video explaining their situation and their damages and included links to the video in their dispute 

letter.

48. Plaintiff’s first dispute package to TransUnion was delivered and left with an individual 

at TransUnion on October 13, 2023. 

49. On November 27, 2023, Plaintiff viewed her TransUnion credit report and found that 

TransUnion had continued to report the disputed Comenity account.

50. TransUnion violated its duty under 15 U.S.C. §1681i(a)(1)(A) by failing conduct a reasonable 

investigation into Plaintiff’s notice of dispute. Based on the facts, information and allegations within the 

complaint, TransUnion willfully, intentionally, recklessly, and/or negligently violated this section of the 

FCRA. 

51. TransUnion violated its duty under 15 U.S.C. §1681i(a)(4) by failing to review and consider 

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the documents that Plaintiff attached to the dispute letter. Based on the facts, information and allegations 

within the complaint, TransUnion willfully, intentionally, recklessly, and/or negligently violated this 

section of the FCRA.

52. TransUnion violated its duty under 15 U.S.C. §1681i(a)(5) by failing to delete or correct the 

inaccurate information that was disputed. Based on the facts, information and allegations within the 

complaint, TransUnion willfully, intentionally, recklessly, and/or negligently violated this section of the 

FCRA. 

53. The fact that TransUnion continued its reporting of the inaccurate information on Plaintiff’s 

credit profiles/credit reports is proof that TransUnion failed to conduct a reasonable investigation, failed to 

properly review and consider the attached documents, and failed to delete or correct the inaccurate 

information on more than one occasion.

15 U.S.C. §1681i(a)(1)(A) reads:

 (a) Reinvestigations in case disputed information

 (1) Reinvestigation required

 (A) In general-- Subject to subjection (f), if the completeness 

or accuracy of any item of information contained in a consumer's file at a 

consumer reporting agency is disputed by the consumer and the consumer 

notifies the agency directly, or indirectly through a reseller, of such dispute, the 

agency shall, free of charge, conduct a reasonable reinvestigation to determine 

whether the disputed information is inaccurate and record the current status of 

the disputed information, or delete the item from the file in accordance with 

paragraph (5), before the end of the 30 day period beginning on the date on 

which the agency receives the notice of the dispute from the consumer or 

reseller.

And;

15 U.S.C. §1681i(a)(4) reads:

(4) Consideration of consumer information. In conducting any reinvestigation 

under paragraph (1) with respect to disputed information in the file of any 

consumer, the consumer reporting agency shall review and consider all relevant 

information submitted by the consumer in the period described in paragraph (1)(A) 

with respect to such disputed information.

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And; 

15 U.S.C. §1681i(a)(5) reads:

 (5) Treatment of Inaccurate or Unverifiable Information

(A)In general. If, after any reinvestigation under paragraph (1) of 

any information disputed by a consumer, an item of the information 

is found to be inaccurate or incomplete or cannot be verified, the 

consumer reporting agency shall- 

 

(i) promptly delete that item of information from the 

file of the consumer, or modify that item of 

information, as appropriate, based on the results of 

the reinvestigation; and

(ii) promptly notify the furnisher of that information that 

the information has been modified or deleted from 

the file of the consumer

54. TransUnion violated 15 U.S.C. §1681e(b), when it failed to follow reasonable procedures 

to assure maximum accuracy of the information it reported on Plaintiff’s credit report/file. Based on the 

facts, information and allegations within the complaint, TransUnion willfully, intentionally, recklessly, and 

negligently violated this section of the FCRA. 

55. If TransUnion had implemented reasonable procedures to assure maximum accuracy, it

would have either deleted, suppressed and/or blocked the inaccurate information after being notified of the 

problem from Plaintiff’s detailed dispute letter along with documents that prove the information is 

inaccurate. 

15 U.S.C. §1681e(b) reads as follows: 

(a) Accuracy of the Report

Whenever a consumer reporting agency prepares a consumer 

report it shall follow reasonable procedures as assure maximum 

possible Accuracy of the information concerning the individual 

about whom the report relates. 

Damages

56. TransUnion’s inaccurate reporting has caused past, current, and future actual damages to the 

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Plaintiff and will continue to cause damages for an unknown period of time. The inaccurate account being 

reported has a negative effect on Plaintiff’s credit reputation, credit worthiness, and credit scores, and 

Plaintiff’s overall borrowing power is severely damaged. In short, Plaintiff’s credit was destroyed. Plaintiff 

is entitled to an accurate credit file/report.

57. As a result of TransUnion’s violations of the FCRA, which are listed above, Plaintiff is entitled 

to actual, statutory, and punitive damages along with their attorney’s fees and costs in this matter. 

TransUnion, as defined above, conducted itself in a manner that it acted willfully, intentionally, recklessly, 

and/or negligently in its actions related to Plaintiff and therefore Plaintiff is entitled to actual, statutory, and 

punitive damages along with their attorney’s fees and costs in this matter.

58. The conduct of TransUnion was a direct and/or proximate cause, as well as a substantial factor 

in, and/or a producing cause bringing about the serious injuries, damages, and harm that Plaintiff has 

suffered and continues to suffer as of the filing of this complaint. Plaintiff expects their damages caused by 

TransUnion to continue to accrue and be ongoing until they are made whole again if that ever occurs.

59. TransUnion, due to its conduct, is liable to compensate Plaintiff for the full amount of actual, 

statutory, compensatory, and punitive damages, as well as, such other relief, permitted by law to 

compensate. Plaintiff has suffered the following types of damages due to the previously described conduct 

of TransUnion:

a. Physical manifestation of mental anguish, humiliation, embarrassment, 

and anxiety. Plaintiff’s anxiety, depression and mental anguish have 

caused Plaintiff frequent loss of sleep up to 3-4 nights weekly, weight 

loss, and neck and back pain. Plaintiff now takes medication for her 

headaches, loss of sleep, stress, and high blood pressure. Plaintiff’s 

damages are significant, continuing, and ongoing.

b. Emotional damages in the form of mental anguish, humiliation, and 

embarrassment. The inaccurate reporting has caused Plaintiff to feel 

anxious in her everyday life. Plaintiff has also suffered from depression 

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as a result of Experian’s conduct. Plaintiff also takes medication to 

alleviate her stress and anxiety. Plaintiff has experienced debilitating 

stress, anxiety, and depression as a result of Experian’s inaccurate 

reporting and cries frequently due to the stress she has been under. 

Plaintiff’s damages are significant, continuing, and ongoing.

c. Damages to Plaintiff’s credit worthiness, credit reputation, and 

borrowing power. Plaintiff’s wealth has been delayed as a result of 

Experian’s conduct.

57. Plaintiff’s damages caused by and through the conduct of Experian are more specifically described 

as follows:

a. Emotional damages in the form of mental anguish, humiliation, 

embarrassment, depression, and anxiety.

b. Physical manifestations of stress and anxiety include loss of sleep, 

headaches, weight loss, and neck and back pain.

c. Financial damages including damages to Plaintiff’s creditworthiness, 

credit reputation, and borrowing power. 

d. All other damages as described above.

58. All of Plaintiff’s damages have led to their great detriment and loss were caused by and are 

continuing due to the above-described conduct of TransUnion.

Equifax’s FCRA Violations

59. After Plaintiff discovered the inaccurate credit reporting of the Comenity Bank account on 

their Equifax credit report, Plaintiff mailed a dispute directly to Equifax via USPS certified mail.

60. Plaintiff’s dispute package to Equifax included a detailed and thorough dispute letter dated 

October 6, 2023, and a copy of Plaintiff’s driver’s license for identification verification. 

61. In order to aid the Equifax in its processing of Plaintiff’s dispute, Plaintiff recorded a video 

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explaining their situation and their damages and included links to the video in their dispute letter.

62. Plaintiff’s dispute package to Equifax was delivered and left with an individual at Equifax 

on October 13, 2023. 

63. On November 27, 2023, Plaintiff viewed her Equifax credit report and found that Equifax 

had continued to report the disputed Comenity Bank account.

64. Equifax violated its duty under 15 U.S.C. §1681i(a)(1)(A) by failing conduct a reasonable 

investigation into Plaintiff’s notice of dispute. Based on the facts, information and allegations within the 

complaint, Equifax willfully, intentionally, recklessly, and/or negligently violated this section of the 

FCRA.

65. Equifax violated its duty under 15 U.S.C. §1681i(a)(4) by failing to review and consider the 

documents that Plaintiff attached to the dispute letter. Based on the facts, information and allegations within 

the complaint, Equifax willfully, intentionally, recklessly, and/or negligently violated this section of the 

FCRA.

66. Equifax violated its duty under 15 U.S.C. §1681i(a)(5) by failing to delete or correct the 

inaccurate information that was disputed. Based on the facts, information and allegations within the 

complaint, Equifax willfully, intentionally, recklessly, and/or negligently violated this section of the 

FCRA. 

67. The fact that Equifax continued its reporting of the inaccurate information on Plaintiff’s 

credit profiles/credit reports is proof that Equifax failed to conduct a reasonable investigation, failed to 

properly review and consider the attached documents, and failed to delete or correct the inaccurate 

information on more than one occasion.

15 U.S.C. §1681i(a)(1)(A) reads:

 (a) Reinvestigations in case disputed information

 (1) Reinvestigation required

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 (A) In general-- Subject to subjection (f), if the completeness 

or accuracy of any item of information contained in a consumer's file at a 

consumer reporting agency is disputed by the consumer and the consumer 

notifies the agency directly, or indirectly through a reseller, of such dispute, the 

agency shall, free of charge, conduct a reasonable reinvestigation to determine 

whether the disputed information is inaccurate and record the current status of 

the disputed information, or delete the item from the file in accordance with 

paragraph (5), before the end of the 30 day period beginning on the date on 

which the agency receives the notice of the dispute from the consumer or 

reseller.

And;

15 U.S.C. §1681i(a)(4) reads:

(4) Consideration of consumer information. In conducting any reinvestigation 

under paragraph (1) with respect to disputed information in the file of any 

consumer, the consumer reporting agency shall review and consider all relevant 

information submitted by the consumer in the period described in paragraph (1)(A) 

with respect to such disputed information.

And;

15 U.S.C. §1681i(a)(5) reads:

 (5) Treatment of Inaccurate or Unverifiable Information

(A)In general. If, after any reinvestigation under paragraph (1) of 

any information disputed by a consumer, an item of the information 

is found to be inaccurate or incomplete or cannot be verified, the 

consumer reporting agency shall-

(i) promptly delete that item of information from the 

file of the consumer, or modify that item of 

information, as appropriate, based on the results of 

the reinvestigation; and

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(ii) promptly notify the furnisher of that information that 

the information has been modified or deleted from 

the file of the consumer

68. Equifax violated 15 U.S.C. §1681e(b), when it failed to follow reasonable procedures to assure 

maximum accuracy of the information, they reported on Plaintiff’s credit report/file. Based on the facts, 

information and allegations within the complaint, Equifax willfully, intentionally, recklessly, and 

negligently violated this section of the FCRA. 

69. If Equifax had implemented reasonable procedures to assure maximum accuracy, they would 

have either deleted, suppressed and/or blocked the inaccurate information after being notified of the 

problem from Plaintiff’s detailed dispute letter along with documents that prove the information is 

inaccurate. 

15 U.S.C. §1681e(b) reads as follows: 

(a) Accuracy of the Report

Whenever a consumer reporting agency prepares a consumer 

report it shall follow reasonable procedures as assure maximum 

possible Accuracy of the information concerning the individual 

about whom the report relates. 

Damages

70. Equifax’s inaccurate reporting has caused past, current, and future actual damages to the Plaintiff 

and will continue to cause damages for an unknown period of time. The inaccurate account being reported 

has a negative effect on Plaintiff’s credit reputation, credit worthiness, and credit scores, and Plaintiff’s 

overall borrowing power is severely damaged. In short, Plaintiff’s credit was destroyed. Plaintiff is entitled 

to an accurate credit file/report.

71. As a result of Equifax’s violations of the FCRA, which are listed above, Plaintiff is entitled to 

actual, statutory, and punitive damages along with their attorney’s fees and costs in this matter. Equifax, as 

defined above, conducted itself in a manner that it acted willfully, intentionally, recklessly, and/or 

negligently in its actions related to Plaintiff and therefore Plaintiff is entitled to actual, statutory, and 

punitive damages along with their attorney’s fees and costs in this matter.

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72. The conduct of Equifax was a direct and/or proximate cause, as well as a substantial factor in, 

and/or a producing cause bringing about the serious injuries, damages, and harm that Plaintiff has suffered 

and continues to suffer as of the filing of this complaint. Plaintiff expects their damages caused by Equifax 

to continue to accrue and be ongoing until they are made whole again if that ever occurs.

73. Equifax, due to its conduct, is liable to compensate Plaintiff for the full amount of actual, statutory, 

compensatory, and punitive damages, as well as, such other relief, permitted by law to compensate. Plaintiff 

has suffered the following types of damages due to the previously described conduct of Equifax:

a. Physical manifestation of mental anguish, humiliation, 

embarrassment, and anxiety. Plaintiff’s anxiety, depression and 

mental anguish have caused Plaintiff frequent loss of sleep up to 3-4 

nights weekly, weight loss, and neck and back pain. Plaintiff now 

takes medication for her headaches, loss of sleep, stress, and high 

blood pressure. Plaintiff’s damages are significant, continuing, and 

ongoing.

b. Emotional damages in the form of mental anguish, humiliation, and 

embarrassment. The inaccurate reporting has caused Plaintiff to feel 

anxious in her everyday life. Plaintiff has also suffered from 

depression as a result of Experian’s conduct. Plaintiff also takes 

medication to alleviate her stress and anxiety. Plaintiff has 

experienced debilitating stress, anxiety, and depression as a result of 

Experian’s inaccurate reporting and cries frequently due to the stress 

she has been under. Plaintiff’s damages are significant, continuing, 

and ongoing.

c. Damages to Plaintiff’s credit worthiness, credit reputation, and 

borrowing power. Plaintiff’s wealth has been delayed as a result of 

Experian’s conduct.

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73. Plaintiff’s damages caused by and through the conduct of Equifax are more specifically 

described as follows:

a. Emotional damages in the form of mental anguish, humiliation, 

embarrassment, depression, and anxiety.

b. Physical manifestations of stress and anxiety including loss of sleep, 

headaches, weight loss, and neck and back pain.

c. Financial damages including damages to Plaintiff’s creditworthiness, 

credit reputation, and borrowing power.

d. All other damages as described above.

74. All of Plaintiff’s damages have led to their great detriment and loss were caused by and are 

continuing due to the above-described conduct of Equifax.

COMENITY BANK VIOLATION OF 15 U.S.C. § 1681s-2(b) OF THE FAIR 

CREDIT REPORTING ACT

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

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

76. At all times pertinent hereto, Comenity Bank. is a “person” as that term is used and defined 

under 15 U.S.C. § 1681a. 

77. Comenity Bank supplied Experian, TransUnion, and Equifax with information about 

Plaintiff that was misleading and inaccurate. It is on information and belief that after the credit 

reporting agencies received Plaintiff’s dispute, they notified and forwarded Plaintiff’s dispute to 

Comenity Bank. 

78. Based on information and belief, when the credit reporting agencies sent Comenity Bank

notice of Plaintiff’s dispute, they included a copy of Plaintiff’s dispute letter that contained two 

video links detailing Plaintiff’s situation and how they were in fact a victim.

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79. Comenity Bank willfully, intentionally, recklessly and/or negligently failed to conduct a 

reasonable investigation of the inaccurate information that Plaintiff disputed. Had Comenity Bank

conducted a reasonable investigation it would have recognized that the Plaintiff’s credit 

files/reports were inaccurate. 

80. Comenity Bank willfully, intentionally, recklessly and/or negligently failed to comply with 

the requirements imposed on furnishers of information pursuant to 15 U.S.C. § 1681s-2(b). 

15 U.S.C. §1681s-2(b) reads as follows:

(b) DUTIES OF FURNISHERS OF INFORMATION UPON NOTICE OF DISPUTE

(1) IN GENERAL 

After receiving notice pursuant to section 1681i(a)(2) of this title of a dispute with 

regard to the completeness or accuracy of any information provided by a person to 

a consumer reporting agency, the person shall--

(A) conduct an investigation with respect to the disputed information; 

(B) review all relevant information provided by the consumer reporting 

agency pursuant to section 1681i(a)(2) of this title; 

(C) report the results of the investigation to the consumer reporting agency; 

(D) If the investigation finds that the information is incomplete or inaccurate, report 

those results to all other consumer reporting agencies to which the person furnished 

the information and that compile and maintain files on consumers on a nationwide 

basis; and

(E) if an item of information disputed by a consumer is found to be inaccurate or 

incomplete or cannot be verified after any reinvestigation under paragraph (1), for 

purposes of reporting to a consumer reporting agency only, as appropriate, based 

on the results of the reinvestigation promptly— 

(i) modify that item of information;

(ii) delete that item of information; or

(iii) permanently block the reporting of that item of information.

(2) DEADLINE

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A person shall complete all investigations, reviews, and reports required under 

paragraph (1) regarding information provided by the person to a consumer 

reporting agency, before the expiration of the period under section 1681i(a)(1) of 

this title within which the consumer reporting agency is required to complete 

actions required by that section regarding that information.

81. Comenity Bank’s inaccurate reporting has caused, is currently causing and will continue 

to cause Plaintiff excessive damages. The inaccurate account being reported was negative and so 

extremely derogatory that Plaintiff’s credit reputation, credit worthiness, credit scores and overall 

ability to obtain financing were, and still are, severely damaged. In short, Plaintiff’s credit was 

destroyed. Plaintiff is entitled to an accurate credit file/report. 

82. As a result of Comenity Bank’s conduct, Plaintiff has suffered actual damages and injuries 

to their physical and emotional well-being. Plaintiff has been and still is humiliated and 

embarrassed over Comenity Bank’s reporting. Plaintiff’s credit reputation, credit worthiness, 

credit scores, and overall ability to obtain financing were, and still are, severely damaged. 

83. Comenity Bank was the direct and proximate cause, as well as a substantial factor in, and/or 

a producing cause, in bringing about the serious injuries, damages and harm to Plaintiff. Comenity 

Bank is liable to compensate Plaintiff for the full amount of actual, statutory, compensatory and 

punitive damages, as well as, such other relief, permitted by law. 

Damages 

84. As a result of Comenity Bank violations of the FCRA, which are listed above, Plaintiff is 

entitled to actual, statutory, and punitive damages along with their attorney’s fees and costs in this 

matter. Comenity Bank’s conduct was such that it acted willfully, intentionally, recklessly and/or 

negligently in its actions related to Plaintiff and therefore Plaintiff is entitled to actual, statutory, 

and punitive damages along with their attorney’s fees and costs in this matter. 

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85. The conduct of Comenity Bank was a direct and/or proximate cause, as well as a substantial 

factor in, bringing about the serious injuries, damages, and harm that Plaintiff has suffered and 

continues to suffer as of the filing of this complaint. Plaintiff expects their damages caused by 

Comenity Bank to continue to accrue and be ongoing until they are made whole again if that ever 

occurs. 

86. Comenity Bank, due to its conduct, is liable to compensate Plaintiff for the full amount of 

actual, statutory, compensatory, and punitive damages, as well as, such other relief, permitted by 

law to compensate. Plaintiff has suffered the following types of damages due to the previously 

described conduct of Comenity Bank:

a. Physical manifestation of mental anguish, humiliation, embarrassment, 

and anxiety. Plaintiff’s anxiety, depression and mental anguish have 

caused Plaintiff frequent loss of sleep up to 3-4 nights weekly, weight loss, 

and neck and back pain. Plaintiff now takes medication for her headaches, 

loss of sleep, stress, and high blood pressure. Plaintiff’s damages are 

significant, continuing, and ongoing.

b. Emotional damages in the form of mental anguish, humiliation, and 

embarrassment. The inaccurate reporting has caused Plaintiff to feel 

anxious in her everyday life. Plaintiff has also suffered from depression as 

a result of Experian’s conduct. Plaintiff also takes medication to alleviate 

her stress and anxiety. Plaintiff has experienced debilitating stress, 

anxiety, and depression as a result of Experian’s inaccurate reporting and 

cries frequently due to the stress she has been under. Plaintiff’s damages 

are significant, continuing, and ongoing.

c. Damages to Plaintiff’s credit worthiness, credit reputation, and borrowing 

power. Plaintiff’s wealth has been delayed as a result of Experian’s 

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conduct.

87. Plaintiff’s damages caused by and through the conduct of Comenity Bank are more

specifically described as follows:

a. Emotional damages in the form of mental anguish,

humiliation, embarrassment, depression, and anxiety.

b. Physical manifestations of stress and anxiety including loss

of sleep, headaches, and neck and back pain.

c. Financial damages including damages to Plaintiff’s

creditworthiness, credit reputation, and borrowing power.

d. All other damages as described above.

88. All of Plaintiff’s damages have led to their great detriment and loss are caused by the

above-described conduct of Comenity Bank. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor against Defendants based on the 

following requested relief:

a. Actual and compensatory damages pursuant to 15 U.S.C. §1681;

b. Statutory damages pursuant to 15 U.S.C. §1681;

c. Punitive damages pursuant to 15 U.S.C. §1681;

d. Costs and reasonable attorneys’ fees pursuant to 15 U.S.C. §1681n, §1681o; and

e. Such other and further relief as may be necessary, just and proper.

Dated: December 21, 2023 

Respectfully Submitted, 

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/s/Jonathan Raburn 

Jonathan Raburn 

ATTORNEY FOR PLAINTIFF

Louisiana Bar Roll No. 28728 

McCarty & Raburn, A Consumer Law Firm, PLLC 

8570 Anselmo Lane 

Baton Rouge, Louisiana 70810 

jraburn@mccartyraburn.com

Telephone: 225-412-2777 

/s/Kyle Kaufman 

Kyle Kaufman

ATTORNEY FOR PLAINTIFF

Louisiana Bar Roll No. 39232 

McCarty & Raburn, A Consumer Law Firm, PLLC 

8570 Anselmo Lane 

Baton Rouge, Louisiana 70810 

kkaufman@mccartyraburn.com 

Telephone: 225-412-2777 

/s/Dennis McCarty 

Dennis McCarty

ATTORNEY FOR PLAINTIFF

Mississippi Bar Roll No. 102733 

Supreme Court of the United States Bar No. 302174 

Federal Bar No. 993800 

McCarty & Raburn, A Consumer Law Firm, PLLC 

2931 Ridge Rd, Suite 101 #504 

Rockwall, TX 75032 

Telephone: (214) 296-9240 

Fax (817) 887- 5069 

dennis@crediterrorlaw.com 

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