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Jonathan A. Dessaules, State Bar No. 019439

DESSAULES LAW GROUP

5353 North 16th Street, Suite 110

Phoenix, Arizona 85016

602.274.5400 (t)

602.274.5401 (f)

jdessaules@dessauleslaw.com

Local-Counsel for Defendant Experian Information 

Solutions, Inc.

 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

MICHELLE BEGAY,

Plaintiff,

v.

EXPERIAN INFORMATION 

SOLUTIONS, INC., EQUIFAX 

INFORMATION SERVICES, LLC, 

TRANSUNION, LLC, and UNKNOWN

PUBLIC RECORD VENDORS, 

Defendants.

Case No. 4:18-cv-00099-RM

EXPERIAN INFORMATION 

SOLUTION, INC.’S ANSWER AND 

AFFIRMATIVE DEFENSES TO 

PLAINTIFF’S COMPLAINT

NOW COMES Defendant Experian Information Solutions, Inc. (“Experian”), by and 

through its undersigned counsel, and answers Plaintiff’s Complaint as follows:

Experian denies, generally and specifically, any and all allegations in the Complaint not 

specifically admitted in the paragraphs below. Experian further states that it lacks knowledge or 

information sufficient to form a belief about the truth or falsity of any and all allegations as they 

relate to any other defendants or the actions of third-parties and therefore denies the same. 

Experian further states that its investigation of the present matter is ongoing. Accordingly, 

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Experian reserves the right to amend this answer. In response to the numbered paragraphs in the 

Complaint, Experian states as follows:

PRELIMINARY STATEMENT

1. In response to paragraph 1 of the Complaint, Experian admits that Plaintiff has 

asserted claims against Experian seeking statutory, actual, and punitive damages, costs and 

attorney’s fees pursuant to the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. 

Experian denies that it violated any of the laws relied on by Plaintiff and denies that Plaintiff is 

entitled to any relief against Experian whatsoever.

2. In response to paragraph 2 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein that relates to Experian. As to the 

allegations in paragraph 2 of the Complaint that relate to the other defendants, Experian does not 

have knowledge or information sufficient to form a belief as to the truth of these allegations and, 

on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 2 of the Complaint. 

3. In response to paragraph 3 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein. As to 

the allegations in paragraph 3 of the Complaint that relate to the other defendants, Experian does 

not have knowledge or information sufficient to form a belief as to the truth of these allegations 

and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 3 of the Complaint.

4. In response to paragraph 4 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein. As to 

the allegations in paragraph 4 of the Complaint that relate to the other defendants, Experian does 

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not have knowledge or information sufficient to form a belief as to the truth of these allegations 

and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 4 of the Complaint.

5. In response to paragraph 5 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

6. In response to paragraph 6 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

7. In response to paragraph 7 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

JURISDICTION

8. Experian admits that Plaintiff has alleged jurisdiction pursuant to 15 U.S.C. 

§ 1681(p) and 28 U.S.C. § 1331. Experian states that this is a legal conclusion not subject to 

denial or admission. 

9. Experian admits that Plaintiff has alleged that venue is proper in this Court. 

Experian states that this is a legal conclusion not subject to denial or admission. Except as 

specifically admitted, Experian is without knowledge or information sufficient to form a belief 

as to the truth of the allegations contained therein and, on that basis, denies, generally and 

specifically, each and every remaining allegation contained in paragraph 9 of the Complaint.

PARTIES

10. In response to paragraph 10 of the Complaint, Experian admits, upon information 

and belief, that Plaintiff Michelle Begay is a natural person and “consumer” as defined by 15 

U.S.C. § 1681a(c).

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11. In response to paragraph 11 of the Complaint, Experian admits that it is an Ohio 

corporation with its principal place of business in Costa Mesa, California. Experian further 

admits that it is qualified to conduct business and does conduct business in the State of Arizona. 

Except as specifically admitted, Experian denies, generally and specifically, each and every 

remaining allegation of paragraph 11 of the Complaint.

12. In response to paragraph 12 of the Complaint, Experian admits that it is a 

consumer reporting agency as defined by 15 U.S.C. § 1681a(f), and, as such, issues consumer 

reports as defined by 15 U.S.C. § 1681a(d). Except as specifically admitted, Experian denies, 

generally and specifically, each and every remaining allegation of paragraph 12 of the 

Complaint. 

13. In response to paragraph 13 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

14. In response to paragraph 14 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

15. In response to paragraph 15 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

16. In response to paragraph 16 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

17. In response to paragraph 17 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

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FACTS

18. In response to paragraph 18 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

19. In response to paragraph 19 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

20. In response to paragraph 20 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

21. In response to paragraph 21 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

22. In response to paragraph 22 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

23. In response to paragraph 23 of the Complaint, Experian admits that Experian sent 

Plaintiff a consumer disclosure dated April 7, 2017. The consumer disclosure speaks for itself. 

Except as specifically admitted, Experian denies, generally and specifically, each and every 

remaining allegation of paragraph 23 of the Complaint that relates to Experian. As to the 

allegations in paragraph 23 of the Complaint that relate to the other defendants, Experian does 

not have knowledge or information sufficient to form a belief as to the truth of these allegations 

and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 23 of the Complaint.

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24. In response to paragraph 24 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

25. In response to paragraph 25 of the Complaint, Experian admits that Experian sent 

Plaintiff a consumer disclosure dated April 7, 2017. The consumer disclosure speaks for itself. 

Except as specifically admitted, Experian denies, generally and specifically, each and every 

remaining allegation of paragraph 25 of the Complaint.

26. In response to paragraph 26 of the Complaint, Experian admits that Experian sent 

Plaintiff a consumer disclosure dated April 7, 2017. The consumer disclosure speaks for itself. 

Except as specifically admitted, Experian denies, generally and specifically, each and every 

remaining allegation of paragraph 26 of the Complaint.

27. In response to paragraph 27 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

28. In response to paragraph 28 of the Complaint, Experian admits that Experian sent 

Plaintiff a consumer disclosure dated April 7, 2017. The consumer disclosure speaks for itself. 

Except as specifically admitted, Experian denies, generally and specifically, each and every 

remaining allegation of paragraph 28 of the Complaint.

29. In response to paragraph 29 of the Complaint, Experian admits that Experian sent 

Plaintiff a consumer disclosure dated April 7, 2017. The consumer disclosure speaks for itself. 

Except as specifically admitted, Experian denies, generally and specifically, each and every 

remaining allegation of paragraph 29 of the Complaint.

30. In response to paragraph 30 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

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31. In response to paragraph 31 of the Complaint, Experian denies that its conduct or 

action was willful as alleged in paragraph 31 of the Complaint. Experian denies, generally and 

specifically, each and every remaining allegation of paragraph 31 of the Complaint.

32. In response to paragraph 32 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

33. In response to paragraph 33 of the Complaint, Experian admits that Plaintiff has 

alleged that Experian has been sued in Soutter v. Experian Information Solutions, Inc. listed in 

paragraph 33 of the Complaint. In further answer, Experian affirmatively states that the alleged 

lawsuit speaks for itself as to its claims, defenses, and legal effect, and on that basis, Experian 

denies any allegations of paragraph 33 inconsistent therewith. Except as specifically admitted, 

Experian denies, generally and specifically, each and every remaining allegation of paragraph 

33.

34. In response to paragraph 34 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

35. In response to paragraph 35 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

36. In response to paragraph 36 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein. 

37. In response to paragraph 37 of the Complaint, Experian admits that Plaintiff has 

alleged that Experian has been sued in FTC. V. TRW, Inc., 784 F. Supp. 361 (N.D. Tex. 1991). 

Experian also admits that Plaintiff has alleged that Experian has been sued in TRW, Inc. v. 

Morales, Civil Action No. 3-91-1340-H (N.D. Tex. 1991). In further answer, Experian 

affirmatively states that the alleged lawsuits speak for themselves as to its claims, defenses, and 

legal effect, and on that basis, Experian denies any allegations of paragraph 37 inconsistent 

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therewith. Except as specifically admitted, Experian denies, generally and specifically, each and 

every remaining allegation of paragraph 37.

38. In response to paragraph 38 of the Complaint, Experian admits that Plaintiff has 

alleged that enforcement actions were brought in 1992 and 2016. In further answer, Experian 

affirmatively states that the alleged enforcement actions, once appropriately identified, would 

speak for themselves as to their claims, defenses, and legal effect, and on that basis, Experian 

denies any allegations of paragraph 38 inconsistent therewith. Except as specifically admitted, 

Experian denies, generally and specifically, each and every remaining allegation of paragraph 

38 that pertains to Experian. As to the allegations in paragraph 38 of the Complaint that relate 

to the other defendants, Experian does not have knowledge or information sufficient to form a 

belief as to the truth of these allegations and, on that basis, denies, generally and specifically, 

each and every remaining allegation of paragraph 38 of the Complaint.

39. In response to paragraph 39 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

40. In response to paragraph 40 of the Complaint, Experian states that the allegations 

contained therein are so vague and ambiguous that Experian cannot reasonably formulate a 

response. Therefore, Experian is without knowledge or information sufficient to form a belief 

as to the truth of these allegations and on that basis denies, generally and specifically, each and 

every allegation contained in paragraph 40 of the Complaint.

41. In response to paragraph 41 of the Complaint, Experian admits that Plaintiff has 

alleged that Experian and other credit bureaus have been sued in the lawsuits listed in paragraph 

41 of the Complaint. In further answer, Experian affirmatively states that the alleged lawsuits 

speak for themselves as to their claims, defenses, and legal effect, and on that basis, Experian 

denies any allegations of paragraph 41 inconsistent therewith. Except as specifically admitted, 

Experian denies, generally and specifically, each and every remaining allegation of paragraph 

41 that pertains to Experian. As to the allegations in paragraph 41 of the Complaint that relate 

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to the other defendants, Experian does not have knowledge or information sufficient to form a 

belief as to the truth of these allegations and, on that basis, denies, generally and specifically, 

each and every remaining allegation of paragraph 41 of the Complaint.

42. In response to paragraph 42 of the Complaint, Experian denies that the listed 

lawsuits have been filed in this District and Division. In further answer, Experian affirmatively 

states that the alleged lawsuits speak for themselves as to their claims, defenses, and legal effect, 

and on that basis, Experian denies any allegations of paragraph 42 inconsistent therewith. 

Except as specifically admitted, Experian denies, generally and specifically, each and every 

remaining allegation of paragraph 42 that pertains to Experian. As to the allegations in 

paragraph 42 of the Complaint that relate to the other defendants, Experian does not have 

knowledge or information sufficient to form a belief as to the truth of these allegations and, on 

that basis, denies, generally and specifically, each and every remaining allegation of paragraph 

42 of the Complaint.

43. In response to paragraph 43 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

44. In response to paragraph 44 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

45. In response to paragraph 45 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

46. In response to paragraph 46 of the Complaint, Experian denies that its conduct, 

action, or inaction was willful as alleged in paragraph 46 of the Complaint. Experian further 

denies that Plaintiff is entitled to any damages whatsoever pursuant to 15 U.S.C. § 1681n from 

Experian. Experian denies, generally and specifically, each and every remaining allegation of 

paragraph 46 of the Complaint.

47. In response to paragraph 47 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein.

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48. In response to paragraph 48 of the Complaint, Experian states that the allegations 

contained therein are so vague and ambiguous that Experian cannot reasonably formulate a 

response. Therefore, Experian is without knowledge or information sufficient to form a belief 

as to the truth of these allegations and on that basis denies, generally and specifically, each and 

every allegation contained in paragraph 48 of the Complaint.

49. In response to paragraph 49 of the Complaint, Experian states that the allegations 

contained therein are so vague and ambiguous that Experian cannot reasonably formulate a 

response. Therefore, Experian is without knowledge or information sufficient to form a belief 

as to the truth of these allegations and on that basis denies, generally and specifically, each and 

every allegation contained in paragraph 49 of the Complaint.

50. In response to paragraph 50 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

51. In response to paragraph 51 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

52. In response to paragraph 52 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

53. In response to paragraph 53 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

54. In response to paragraph 54 of the Complaint, Experian admits that Experian sent 

Plaintiff a consumer disclosure dated April 7, 2017. The consumer disclosure speaks for itself. 

Except as specifically admitted, Experian is without knowledge or information sufficient to 

form a belief as to the truth of the allegations contained therein and, on that basis, denies, 

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generally and specifically, each and every allegation contained therein. As to the allegations in 

paragraph 54 of the Complaint that relate to the other defendants, Experian does not have 

knowledge or information sufficient to form a belief as to the truth of these allegations and, on 

that basis, denies, generally and specifically, each and every remaining allegation of paragraph 

54 of the Complaint.

55. In response to paragraph 55 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

56. In response to paragraph 56 of the Complaint, Experian admits that it has 

contracted with a third party to gather public record information from the original sources of 

that information, such as public courthouses and government offices. Except as specifically 

admitted, Experian denies, generally and specifically, each and every remaining allegation of 

paragraph 56 that relates to Experian. As to the allegations in paragraph 56 of the Complaint 

that relate to the other defendants, Experian does not have knowledge or information sufficient 

to form a belief as to the truth of these allegations and, on that basis, denies, generally and 

specifically, each and every remaining allegation of paragraph 56 of the Complaint.

57. In response to paragraph 57 of the Complaint, Experian admits that it has 

contracted with a third party to gather public record information from the original sources of 

that information, such as public courthouses and government offices. Except as specifically 

admitted, Experian denies, generally and specifically, each and every remaining allegation of 

paragraph 57 that relates to Experian. As to the allegations in paragraph 57 of the Complaint 

that relate to the other defendants, Experian does not have knowledge or information sufficient 

to form a belief as to the truth of these allegations and, on that basis, denies, generally and 

specifically, each and every remaining allegation of paragraph 57 of the Complaint.

58. In response to paragraph 58 of the Complaint, Experian admits that it has 

contracted with a third party to gather public record information from the original sources of 

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that information, such as public courthouses and government offices. Except as specifically 

admitted, Experian denies, generally and specifically, each and every remaining allegation of 

paragraph 58 that relates to Experian. As to the allegations in paragraph 58 of the Complaint 

that relate to the other defendants, Experian does not have knowledge or information sufficient 

to form a belief as to the truth of these allegations and, on that basis, denies, generally and 

specifically, each and every remaining allegation of paragraph 58 of the Complaint.

59. In response to paragraph 59 of the Complaint, Experian admits that it has 

contracted with a third party to gather public record information from the original sources of 

that information, such as public courthouses and government offices. Except as specifically 

admitted, Experian denies, generally and specifically, each and every remaining allegation of 

paragraph 59 that relates to Experian. As to the allegations in paragraph 59 of the Complaint 

that relate to the other defendants, Experian does not have knowledge or information sufficient 

to form a belief as to the truth of these allegations and, on that basis, denies, generally and 

specifically, each and every remaining allegation of paragraph 59 of the Complaint.

60. In response to paragraph 60 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein. 

61. In response to paragraph 61 of the Complaint, Experian admits that it has 

contracted with a third party to gather public record information from the original sources of 

that information, such as public courthouses and government offices. Except as specifically 

admitted, Experian denies, generally and specifically, each and every remaining allegation of 

paragraph 61 that relates to Experian. As to the allegations in paragraph 61 of the Complaint 

that relate to the other defendants, Experian does not have knowledge or information sufficient 

to form a belief as to the truth of these allegations and, on that basis, denies, generally and 

specifically, each and every remaining allegation of paragraph 61 of the Complaint.

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62. In response to paragraph 62 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein that relates to Experian. As to the 

allegations in paragraph 62 of the Complaint that relate to the other defendants, Experian does 

not have knowledge or information sufficient to form a belief as to the truth of these allegations 

and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 62 of the Complaint.

63. In response to paragraph 63 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein. 

64. In response to paragraph 64 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein.

65. In response to paragraph 65 of the Complaint, Experian admits that it provided 

Plaintiff with a consumer disclosure dated April 7, 2017. The consumer disclosure speaks for 

itself. Except as specifically admitted, Experian does not have knowledge or information 

sufficient to form a belief as to the truth of the remaining allegations of paragraph 65 and, on 

that basis, denies, generally and specifically, each and every remaining allegation of paragraph 

65 of the Complaint. 

66. In response to paragraph 66 of the Complaint, Experian states that the allegations 

contained therein are so vague and ambiguous that Experian cannot reasonably formulate a 

response. Therefore, Experian is without knowledge or information sufficient to form a belief 

as to the truth of these allegations and on that basis denies, generally and specifically, each and 

every allegation contained in paragraph 66 of the Complaint that relates to Experian. As to the 

allegations in paragraph 66 of the Complaint that relate to the other defendants, Experian does 

not have knowledge or information sufficient to form a belief as to the truth of these allegations 

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and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 66 of the Complaint.

67. In response to paragraph 67 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein that relates to Experian. As to the 

allegations in paragraph 67 of the Complaint that relate to the other defendants, Experian does 

not have knowledge or information sufficient to form a belief as to the truth of these allegations 

and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 67 of the Complaint.

68. In response to paragraph 68 of the Complaint, Experian is without knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and, on 

that basis, denies, generally and specifically, each and every allegation contained therein that 

relates to Experian.

69. In response to paragraph 69 of the Complaint, Experian denies that Plaintiff 

suffered any damages as alleged in paragraph 69 of the Complaint as a result of Experian. 

Experian further denies, generally and specifically, each and every remaining allegation of 

paragraph 69 of the Complaint that relates to Experian. As to the allegations in paragraph 69 of 

the Complaint that relate to the other defendants, Experian does not have knowledge or 

information sufficient to form a belief as to the truth of these allegations and, on that basis, 

denies, generally and specifically, each and every remaining allegation of paragraph 69 of the 

Complaint.

70. In response to paragraph 70 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein that relates to Experian. As to the 

allegations in paragraph 70 of the Complaint that relate to the other defendants, Experian does 

not have knowledge or information sufficient to form a belief as to the truth of these allegations 

and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 70 of the Complaint. 

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COUNT ONE:

Violation of 15 U.S.C. § 1681e(b)

EXPERIAN, EQUIFAX & TRANS UNION

71. Experian restates and incorporates its responses to the allegations contained in 

paragraphs 1 through 70 as if fully set forth herein.

72. In response to paragraph 72 of the Complaint, Experian denies, generally and 

specifically, each and every allegation contained therein that relates to Experian. As to the 

allegations in paragraph 72 of the Complaint that relate to the other defendants, Experian does 

not have knowledge or information sufficient to form a belief as to the truth of these allegations 

and, on that basis, denies, generally and specifically, each and every remaining allegation of 

paragraph 72 of the Complaint. 

73. In response to paragraph 73 of the Complaint, Experian denies that Plaintiff 

suffered any damages as alleged in paragraph 73 of the Complaint as a result of Experian. 

Experian denies, generally and specifically, each and every remaining allegation of paragraph 

73 of the Complaint that relates to Experian. As to the allegations in paragraph 73 of the 

Complaint that relate to the other defendants, Experian does not have knowledge or information 

sufficient to form a belief as to the truth of these allegations and, on that basis, denies, generally 

and specifically, each and every remaining allegation of paragraph 73 of the Complaint.

74. In response to paragraph 74 of the Complaint, Experian denies that its conduct, 

action, or inaction was willful or negligent as alleged in paragraph 74 of the Complaint. 

Experian further denies that Plaintiff is entitled to any damages whatsoever pursuant to 15 

U.S.C. §§ 1681n and 1681o from Experian. Experian denies, generally and specifically, each 

and every remaining allegation of paragraph 74 of the Complaint that relates to Experian. As to 

the allegations in paragraph 74 of the Complaint that relate to the other defendants, Experian 

does not have knowledge or information sufficient to form a belief as to the truth of these 

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allegations and, on that basis, denies, generally and specifically, each and every remaining 

allegation of paragraph 74 of the Complaint. 

75. In response to paragraph 75 of the Complaint, Experian denies that Plaintiff is 

entitled to any damages whatsoever pursuant to 15 U.S.C. §§ 1681n and 1681o from Experian. 

Experian denies, generally and specifically, each and every remaining allegation of paragraph 

75 of the Complaint that relates to Experian. As to the allegations in paragraph 75 of the 

Complaint that relate to the other defendants, Experian does not have knowledge or information 

sufficient to form a belief as to the truth of these allegations and, on that basis, denies, generally 

and specifically, each and every remaining allegation of paragraph 75 of the Complaint. 

Experian denies the relief sought in the demand for relief paragraph of the Complaint. 

RESPONSE TO DEMAND FOR JURY TRIAL

Experian admits that Plaintiff has demanded trial by jury on all issues triable.

DEFENDANT EXPERIAN’S AFFIRMATIVE DEFENSES

In further response to Plaintiff’s Complaint, Experian hereby asserts the following 

affirmative defenses:

FIRST AFFIRMATIVE DEFENSE

(Failure To State A Claim)

Plaintiff’s claims fail to the extent that the Complaint, and each cause of action thereof, 

fails to set forth facts sufficient to state a claim upon which relief may be granted against 

Experian and fails to state facts sufficient to entitle Plaintiff to the relief sought, or to any other 

relief whatsoever from Experian.

SECOND AFFIRMATIVE DEFENSE

(Truth/Accuracy Of Information)

Plaintiff’s claims fail to the extent that they are barred because all information Experian 

communicated to any third person regarding Plaintiff was true.

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THIRD AFFIRMATIVE DEFENSE

(Compliance/Good Faith)

Plaintiff’s claims fail to the extent that, at all relevant times with respect to Plaintiff, 

Experian acted in good faith and complied fully with the FCRA and relevant state laws.

FOURTH AFFIRMATIVE DEFENSE

(Proximate Cause)

Plaintiff’s claims fail to the extent that Plaintiff’s purported damages were the direct and 

proximate result of the conduct of Plaintiff or others.

FIFTH AFFIRMATIVE DEFENSE

(Punitive Damages)

Plaintiff’s claim for punitive damages fails to the extent that the Complaint fails to state a 

claim for relief for punitive damages. Additionally, Experian states that punitive damages 

violate its constitutional rights under the Constitution of the United States of America and the 

Constitution of Arizona.

SIXTH AFFIRMATIVE DEFENSE

(Statute Of Limitations/Laches)

Plaintiff’s claims fail to the extent that they are barred by the applicable statutes of 

limitation, including but not limited to 15 U.S.C. § 1681p or by the doctrine of laches.

SEVENTH AFFIRMATIVE DEFENSE

(Superceding Intervening Cause)

Plaintiff’s claims fail to the extent that Plaintiff’s purported damages, which Experian 

continues to deny, were the results of acts or omissions of third persons over whom Experian 

had neither control nor responsibility.

EIGHTH AFFIRMATIVE DEFENSE

(Failure to Mitigate Damages)

Plaintiff has failed to mitigate her damages.

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NINTH AFFIRMATIVE DEFENSE

(Contributory/Comparative Fault)

Experian is informed and believes and thereon alleges that any alleged damages sustained 

by Plaintiff were, at least in part, caused by the actions of Plaintiff himself and/or third parties 

and resulted from Plaintiff’s or third parties’ own negligence which equaled or exceeded any 

alleged negligence or wrongdoing by Experian.

TENTH AFFIRMATIVE DEFENSE

(Estoppel)

Any damages which Plaintiff may have suffered, which Experian continues to deny, were 

the direct and proximate result of the conduct of Plaintiff. Therefore, Plaintiff is estopped and 

barred from recovery of any damages.

ELEVENTH AFFIRMATIVE DEFENSE

(Right To Assert Additional Defenses)

Experian reserves the right to assert additional affirmative defenses at such time and to 

such extent as warranted by discovery and the factual developments in this case.

WHEREFORE, Defendant Experian Information Solutions, Inc. prays as follows:

(1) That Plaintiff takes nothing by virtue of the Complaint herein and that this action 

be dismissed in its entirety;

(2) For costs of suit and attorneys’ fees herein incurred; and

(3) For such other and further relief as the Court may deem just and proper.

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Dated:May 3, 2018 Respectfully submitted,

/s/ Jonathan A. Dessaules

Jonathan A. Dessaules, SBN 019439

DESSAULES LAW GROUP

5353 N. 16th Street, Suite 110

Phoenix, AZ 85016

Telephone: (602) 274-5400

Facsimile: (602) 274-5401

Email: jdessaules@dessauleslaw.com 

Local Counsel for Defendant

Experian Information Solutions, Inc.

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CERTIFICATE OF SERVICE

I hereby certify that on May 3, 2018 I electronically transmitted the attached document to 

the Clerk’s Office using the CM/ECF system for filing and for transmittal of Notice of 

Electronic Filing to the following CM/ECF registrants:

Susan Mary Rotkis

CONSUMER LITIGATION

ASSOCIATES WEST, PLLC

Tucson, AZ 85701

Phone: 520-622-2481

Fax: 520-844-6706

srotkis@clalegal.com

Attorney for Plaintiff

Lisa C. Thompson

THOMPSON LAW GROUP, P.C.

2321 E. Speedway Blvd.

Tucson, AZ 85719

Phone: 520-882-5633

Fax: 520-745-0616

lisa@thompsonlawgroup.com

Attorney for Plaintiff

 /s/ Heather Johnson Pries

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