UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TARAS P. NYKORIAK, 

Case No. 2:08-cv-15024

Plaintiff, Hon. John Corbett O’Meara

v. Mag. Judge R. Steven Whalen

EXPERIAN, 

Defendant.

Taras P. Nykoriak (In Pro Se) Sidney L. Frank (P13637)

12147 McDougall Tamara E. Fraser (P51997)

Hamtramck, Michigan 48212 Frank, Haron, Weiner and Navarro 

(248) 990-3574 Attorneys for Defendant

5435 Corporate Drive, Suite 225

Troy, Michigan 48098

(248) 952-0400

DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.’S

ANSWER TO COMPLAINT and AFFIRMATIVE DEFENSES

Defendant Experian Information Solutions, Inc. (hereinafter “Experian”), through its

attorneys, Frank, Haron, Weiner and Navarro, submits the following as its Answer and Affirmative

Defenses in response to Plaintiff’s Complaint:

 1. As pled, Defendant lacks knowledge or information to form a belief as to the truth

of the matter and leaves Plaintiff to his proofs. Defendant admits that Plaintiff is a consumer as

defined by the Fair Credit Reporting Act and that Experian Information Solutions is a credit

reporting agency. 

Factual Allegations

1. Defendant admits only that Plaintiff has, on prior occasions, posited various disputes

with Defendant. As to the remainder of this allegation, Defendant lacks knowledge or information

sufficient to form a belief and leaves Plaintiff to his proofs.

Case 5:08-cv-15024-JCO-RSW Document 5 Filed 01/16/09 Page 1 of 4
2

2. Defendant denies these allegations as same are untrue. Defendant affirmatively states

that it has complied with all of its investigation obligations under the Fair Credit Reporting Act.

3. Defendant denies this allegation as same is untrue. 

4. Defendant denies this allegation as same is untrue. 

5. Defendant denies this allegation as same is untrue. Defendant affirmatively states that

it has at all times complied with all of its duties under the Fair Credit Reporting Act.

Defendant Experian denies that it has wilfully or negligently violated any provisions of the

Fair Credit Reporting Act and affirmatively states that at all times it complied with its duties and

obligations under the FCRA. 

WHEREFORE, Defendant Experian respectfully requests that this Court dismiss Plaintiff’s

Complaint in its entirety and award Defendant all such costs and attorneys fees as deemed

appropriate by this Court. 

FRANK, HARON, WEINER AND NAVARRO

By: /s/ Tamara E. Fraser 

Tamara E. Fraser (P51997)

Attorney for Defendant Experian Information 

 Solutions, Inc. 

5435 Corporate Drive, Suite 225

Troy, MI 48098-2624 

(248) 952-0400

tfraser@fhwnlaw.com

DATED: January 16, 2009

Case 5:08-cv-15024-JCO-RSW Document 5 Filed 01/16/09 Page 2 of 4
3

AFFIRMATIVE DEFENSES

Defendant Experian Information Solutions, Inc. (“Experian”), for its Affirmative Defenses,

states the following:

1. Plaintiff’s Complaint fails to state a claim against Defendant Experian Information

Solutions, Inc. upon which relief can be granted.

2. Defendant Experian has at all times complied with the Fair Credit Reporting Act.

3. The information which Defendant Experian reported on Plaintiff’s credit report was

true or substantially true.

4. Plaintiff has failed to properly mitigate his damages, if any.

5. Plaintiff’s damages, if any, were caused by the actions of others and not Experian

Information Solutions, Inc. 

6. Plaintiff’s common law claims are preempted by the Fair Credit Reporting Act.

7. Plaintiff’s claims are barred by the applicable statute of limitations.

8. Defendant Experian reserves the right to add additional affirmative defenses as they

become known through the course of discovery or otherwise. 

Respectfully submitted, 

FRANK, HARON, WEINER AND NAVARRO

By: /s/ Tamara E. Fraser 

Tamara E. Fraser (P51997)

Attorney for Defendant Experian Information 

 Solutions, Inc. 

5435 Corporate Drive, Suite 225

Troy, MI 48098-2624 

(248) 952-0400

DATED: January 16, 2009 tfraser@fhwnlaw.com

Case 5:08-cv-15024-JCO-RSW Document 5 Filed 01/16/09 Page 3 of 4
4

CERTIFICATE OF SERVICE

I, Tamara E. Fraser, hereby certify that on the 16 day of January, 2009, I electronically filed th

the foregoing paper with the Clerk of the Court using the ECF system. I also hereby certify that I

have mailed by United States Postal Service the paper to the following non-ECF participant:

Taras P. Nykoriak 

12147 McDougall

Hamtramck, Michigan 48212

 /s/ Tamara E. Fraser 

Tamara E. Fraser (P51997)

Frank, Haron, Weiner and Navarro

Attorneys for Defendant 

5435 Corporate Drive, Suite 225

Troy, MI 48098

(248) 952-0400

tfraser@fhwnlaw.com

Case 5:08-cv-15024-JCO-RSW Document 5 Filed 01/16/09 Page 4 of 4