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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

Adiba Jurayeva (#031650) 

SNELL & WILMER L.L.P. 

One Arizona Center 

400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

Telephone: 602.382.6479 

Facsimile: 602.382.6070 

Cell: 520.229.7246 

E-Mail: ajurayeva@swlaw.com 

Attorneys for Defendant Equifax Information 

Services LLC 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Michelle Begay, 

Plaintiff, 

v. 

Experian Information Solutions LLC, et al., 

Defendants. 

No. 4:18-cv-00099-RM 

DEFENDANT EQUIFAX 

INFORMATION SERVICES LLC’S 

ANSWER AND DEFENSES TO 

PLAINTIFF’S COMPLAINT 

Defendant, Equifax Information Services LLC (“Equifax”), by Counsel, files its 

Answer and Defenses to Plaintiffs’ 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 

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

Complaint, Equifax responds as follows:

1. Equifax admits that Plaintiff purports to bring a claim under the Fair Credit 

Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), but denies that it violated the FCRA. 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

2. Equifax denies the allegations in Paragraph 2. 

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

the truth of the allegations in Paragraph 3. 

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 denies the allegations in Paragraph 7. 

8. To the extent Plaintiff has properly alleged her claims, Equifax admits the 

Court may exercise its jurisdiction. 

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

the truth of the allegations in Paragraph 9. 

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

the truth of the allegations in Paragraph 10. 

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 truth of the allegations in Paragraph 12. 

13. Equifax denies it is a corporation. Equifax admits the remaining allegations 

in Paragraph 13. 

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

the truth of the allegations in Paragraph 16. 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

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

the truth of the allegations in Paragraph 17. 

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

the truth of the allegations in Paragraph 18. 

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

the truth of the allegations in Paragraph 19. 

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

the truth of the allegations in Paragraph 20. 

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

the truth of the allegations in Paragraph 21. 

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

the truth of the allegations in Paragraph 22. 

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

the truth of the allegations in Paragraph 23. 

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

the truth of the allegations in Paragraph 24. 

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

the truth of the allegations in Paragraph 25. 

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

the truth of the allegations in Paragraph 26. 

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

the truth of the allegations in Paragraph 27. 

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

the truth of the allegations in Paragraph 28. 

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

the truth of the allegations in Paragraph 29. 

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

the truth of the allegations in Paragraph 30. 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

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

the truth of the allegations in Paragraph 31. 

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

the truth of the allegations in Paragraph 32. 

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

the truth of the allegations in Paragraph 33. 

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

the truth of the allegations in Paragraph 34. 

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

the truth of the allegations in Paragraph 35. 

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

the truth of the allegations in Paragraph 36. 

37. Equifax states that the referenced legal authorities speak for themselves, and 

to the extent Plaintiff misquotes, misstates, mischaracterizes, or takes out of context the 

legal authorities, the allegations are denied. 

38. Equifax states that the referenced legal authorities speak for themselves, and 

to the extent Plaintiff misquotes, misstates, mischaracterizes, or takes out of context the 

legal authorities, the allegations are denied. 

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

the truth of the allegations in Paragraph 39. 

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

the truth of the allegations in Paragraph 40. 

41. Equifax states that the referenced legal authorities speak for themselves, and 

to the extent Plaintiff misquotes, misstates, mischaracterizes, or takes out of context the 

legal authorities, the allegations are denied. 

42. Equifax states that the referenced legal authorities speak for themselves, and 

to the extent Plaintiff misquotes, misstates, mischaracterizes, or takes out of context the 

legal authorities, the allegations are denied. 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

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

the truth of the allegations in Paragraph 43. 

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

the truth of the allegations in Paragraph 44. 

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

the truth of the allegations in Paragraph 45. 

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

the truth of the allegations in Paragraph 46. 

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

the truth of the allegations in Paragraph 47. 

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

the truth of the allegations in Paragraph 48. 

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

the truth of the allegations in Paragraph 49. 

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

the truth of the allegations in Paragraph 50. 

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

the truth of the allegations in Paragraph 51. 

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

the truth of the allegations in Paragraph 52. 

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

the truth of the allegations in Paragraph 53. 

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

the truth of the allegations in Paragraph 54. 

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

the truth of the allegations in Paragraph 55. 

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

the truth of the allegations in Paragraph 56. 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

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

the truth of the allegations in Paragraph 57. 

58. Equifax denies the allegations in Paragraph 58. 

59. Equifax denies the allegations in Paragraph 59. 

60. Equifax denies the allegations in Paragraph 60. 

61. Equifax denies the allegations in Paragraph 61. 

62. Equifax denies the allegations in Paragraph 62. 

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

the truth of the allegations in Paragraph 63. 

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

the truth of the allegations in Paragraph 64. 

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

the truth of the allegations in Paragraph 65. 

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

the truth of the allegations in Paragraph 66. 

67. Equifax denies the allegations in Paragraph 67. 

68. Equifax denies the allegations in Paragraph 68. 

69. Equifax denies the allegations in Paragraph 69. 

70. Equifax denies the allegations in Paragraph 70. 

71. Equifax restates its answers and defenses to Paragraphs 1-70. 

72. Equifax denies the allegations in Paragraph 72. 

73. Equifax denies the allegations in Paragraph 73. 

74. Equifax denies the allegations in Paragraph 74. 

75. Equifax denies the allegations in Paragraph 75. 

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

WHEREFORE Paragraph. 

77. Equifax admits Plaintiff demands a trial by jury. 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

78. 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 credit file and is entitled to each and every defense stated in the Act and any 

and all limitations of liability. 

FOURTH DEFENSE 

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

punitive or statutory damages. 

FIFTH 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). 

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; 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

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

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

appropriate. 

DATED this 3rd day of April, 2018. 

SNELL & WILMER L.L.P.

By: s/ Adiba Jurayeva 

Adiba Jurayeva 

One Arizona Center 

400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

Attorneys for Defendant Equifax 

Information Services LLC 

 
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Snell & Wilmer

 L.L.P.

LAW OFFICES 

One Arizona Center, 400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

602.382.6000 

CERTIFICATE OF SERVICE

 I hereby certify that I electronically transmitted the attached document to the 

Clerk’s Office using the CM/ECF System for filing, and for transmittal of a Notice of 

Electronic Filing to the following CM/ECF Registrants, and mailed a copy of same to the 

following if non-registrants on the 3rd day of April, 2018. 

Susan Mary Rotkis 

Consumer Litigation Associates PLLC - Tucson, AZ 

382 S Convent Ave. 

Tucson, AZ 85716 

 s/ Adiba Jurayeva