Denver District Court
Denver County, Colorado

Court Address: 1437 Bannock St., Rm. 256, Denver, CO 80202

EFILED Document

M GABRIEL MCFARLAND CO Denver County District Court 2nd ID)
Plaintiff(s) Filing Date: Jal 27 2011 12:01PM MDT
v. a COURPUSE QNLY , a
TRANS UNION et al case Number: SOUCVS236
Defendant(s) ourtroom:
DELAY REDUCTION ORDER

I. All civil courtrooms are on a delay reduction docket. Deadlines that must be met are:

lL. Service of Process: Returns of Service on all defendants shall be filed within 60 days

after the date of the filing of the complaint.

2. Default Judgment: Application for default judgment shall be filed within 30 days after

default has occurred.

3. Trial Setting: Plaintiff shall serve a Notice to Set in the case for trial and shall complete
the setting of the trial within 30 days from the date the case becomes at issue. A case
shall be deemed “at issue” when all parties have been served and have filed all pleadings
permitted by C.R.C.P. 7, or defaults or dismissals have been entered against all non-
appearing parties, or at such other time as the court shall direct.

The court will consider extending these time periods upon timely filing of a motion showing good cause.

IF AN ATTORNEY OR PRO SE PARTY FAILS TO COMPLY WITH PART I OF THIS ORDER, THE
COURT MAY DISMISS THE CASE WITHOUT PREJUDICE. THIS ORDER SHALL BE THE
INITIAL NOTICE REQUIRED BY RULE 121, SECTION 1-10, AND RULE 41(B)(2).

I. Plaintiff shall send a copy of this order to all other parties who enter an appearance.

Ill. Any attorney entering an appearance in this case who is aware of a related case is ordered to
complete and file in this case an Information Regarding Related Case(s) form available at

City and County Building.

Date: July 27, 2011

ce: Plaintiff(s) or Plaintiff(s) Counsel

http:/Awww.courts.state.co.us/Courts/County/Index.cfm?County

ID=3 or in Room 256 of the

BY THE COURT:

/s/Norman D. Haglund
District Court Judge
Denver District Court



FIRST CLAIM FOR RELIEF
(Violation of the Fair Credit Reporting Act)

17. By this reference, McFarland incorporates the foregoing allegations as if set forth
fully herein.

18. —_ Inviolation of the Fair Credit Reporting Action, and other laws, Defendants failed to
conduct a reasonable investigation into the negative credit reference reported by Compass Bank,
failed to list the negative credit reference as disputed, and failed and refused to remove the negative
credit reference even after being advised by McFarland and Compass Bank that the negative
reference was erroneous and should be removed.

19. As aresult, McFarland suffered damages in an amount to be proven at trial.

SECOND CLAIM FOR RELIEF
(Violation of the Colorado Consumer Protection Act)

20. By this reference, McFarland incorporates the foregoing allegations as if set forth
fully herein.

21. Defendants’ conduct violates the Colorado Consumer Protection Act, including
and without limitation, C.R.S. §§6-1-105(b), (c) and (h).

22. As aresult, McFarland suffered damages in an amount to be proved at trial.

23. Defendants’ conduct (i.e., failing to investigate, failing to conduct reasonable
investigations, ignoring requests to correct information, and including erroneous information in
credit reports) also significantly impacts the public as actual or potential consumers of
Defendants’ goods, services, or products.

WHEREFORE, McFarland requests compensatory damages as appropriate; costs, attorney
fees as permitted by law; an injunction (enjoining Defendants from including the any negative credit
reference associated with McFarland’s home equity line of credit on any consumer credit report);
and for such other and further relief as this Court deems appropriate.

Respectfully submitted this 25th day of July, 2011.

Evans & MCFARLAND, LLC
The original signature is on file at Evans &
McFarland, LLC
By: — /s/M. Gabriel McFarland _
M. Gabriel McFarland
Plaintiffs’ Addresses:
6465 W. Long Dr.
Littleton, CO 80123


The following documents are served with this summons: Complaint and District Court Civil

Cover Sheet.

Respectfully submitted this 25” day of July, 2011.

00030186.D0C;1

By:

EVANS & MCFARLAND, LLC

The original signature is on file at Evans &
McFarland, LLC

{s/f M. i
M. Gabriel McFarland



oF wil

1030

DISTRICT COURT, CITY AND COUNTY OF
DENVER, STATE OF COLORADO

1437 Bannock Street
Denver, Colorado 80202

Plaintiff:
M. GABRIEL MCFARLAND

Defendants:
TRANS UNION, EQUIFAX, AND EXPERIAN, INC.

Attomeys for Plaintiff:

M. Gabriel McFarland, No. 26167
Evans & MCFARLAND, LLC

910 13 Street, Suite 200

tel (303) 313-1123

fax (303) 277-1620

e-mail: gmcfarland@emlawyers.com

4 COURT USE ONLY &

Case No.:

Division:

SUMMONS

To the Defendant named above:

Experian Information Solutions, Inc., d/b/a Experian, Inc.

c/o The Corporation Company
1675 Broadway, Suite 1200
Denver, CO 80202

You are hereby summoned and required to file with the clerk of this court an answer or
other response to the attached complaint within 30 days after such service upon you.

If you fail to file your answer or other response to the complaint in writing within the
applicable time period, judgment by default may be entered against you by the court for the relief

demanded in the complaint, without any further notice.


DISTRICT COURT, CITY AND COUNTY OF
DENVER, STATE OF COLORADO

1437 Bannock Street
Denver, Colorado 80202

Plaintiff:

M. GABRIEL MCFARLAND

Vv.

Defendants:

TRANS UNION, EQUIFAX, AND EXPERIAN, INC.

Attomeys for Plaintiff:

M. Gabriel McFarland, No. 26167
Evans & MCFARLAND, LLC

910 13" Street, Suite 200

tel (303) 313-1123

fax (303) 277-1620

e-mail: gmcfarland@emlawyers.com _.

4 COURT USE ONLY A

‘| Case No.: _

Division:

SUMMONS

To the Defendant named above:

Trans Union Corporation, d/b/a Trans Union &5—
fo United States

1560 Broadway, Suite 2090
Denver, CO 80202

You are hereby summoned and required to file with the clerk of this court an answer or

other response to the attached complaint within 30 days after such service upon you.

If you fail to file your answer or other response to the complaint in writing within the
applicable time period, judgment by default may be entered against you by the court for the relief

demanded in the complaint, without any further notice.



DISTRICT COURT, CITY AND COUNTY OF
DENVER, STATE OF COLORADO

1437 Bannock Street
Denver, Colorado 80202

Plaintiff: A COURT USE ONLY &
M. GaBRIEL MCFARLAND

v. Case No.:
Defendants:

TRANS UNION, EQUIFAX, AND EXPERIAN, INC.
Attorneys for Plaintiff:

Division:

M. Gabriel McFarland, No. 26167
Evans & MCFARLAND, LLC

910 13” Street, Suite 200

tel (303) 313-1123

fax (303) 277-1620

e-mail: gmcfarland@emlawyers.com.

SUMMONS

To the Defendant named above:

uifax Information Services, LLC, d/b/a Equifax Lea
c/o Corporation Service Company
1560 Broadway, Suite 2090
Denver, CO 80202

You are hereby summoned and required to file with the clerk of this court an answer or
other response to the attached complaint within 30 days after such service upon you.

If you fail to file your answer or other response to the complaint in writing within the
applicable time period, judgment by default may be entered against you by the court for the relief
demanded in the complaint, without any further notice.


DISTRICT COURT, CITY AND COUNTY OF
DENVER, STATE OF COLORADO

1437 Bannock Street
Denver, Colorado 80202.

Plaintiff: A COURT USE ONLY A
M. GABRIEL MCFARLAND

v. Case No.:
Defendants:
TRANS UNION, EQUIFAX, AND EXPERIAN, INC.

Division:

Attomeys for Plaintiff:

M. Gabriel McFarland, No. 26167
Evans & MCFARLAND, LLC

910 13” Street, Suite 200

tel (303) 313-1123

fax (303) 277-1620

e-mail: gmcfarland@emlawyers.com

DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR
INITIAL PLEADING OF COMPLAINT

Plaintiff M. Gabriel McFarland respectfully submits this Civil Cover Sheet pursuant to
Rule 16.1:

1. This cover sheet shall be filed with the initial pleading of a complaint,
counterclaim, cross-claim or third party complaint in every district court civil (CV) case. It shall
not be filed in Domestic Relations (DR), Probate (PR), Water (CW), Juvenile (JA, JR, JD, JV),
or Mental Health (MH) cases.

2. Check the boxes applicable to this case.

{e:4] Simplified Procedure under C.R.C.P. 16.1 applies to this case because this

party does not seek a monetary judgment in excess of $100,000.00 against another party,
including any attorney fees, penalties or punitive damages but excluding interest and
costs and because this case is not a class action or forcible entry and detainer, Rule 106,
Rule 120, or other expedited proceeding.

Oo Simplified Procedure under C.R.C.P. 16.1, does not apply to this case
because (check one box below identifying why 16.1 does not apply):

Oo This is a class action or forcible entry and detainer, Rule 106, Rule

EXHIBIT

1 B



AFFIDAVIT OF SERVICE

County: Denver, CO Court: District Case #: l}ovs23 (o| Reference #:
Plaintiff(s): Gabe McFarland Defendant(s): HahsUnibacen Equi
Information a cbse che Sapa Se fate
Piling LD 29856470.
Received by: Metro Intelligence Agency For: Evans & McFarlanid= Ginalinran Sufi
To be served upon: The Corporation Company

|, James Allbee, being duly sworn, depose and say: | am over the age of 18 years and not a party to this action, and that
within the boundaries of the state where service was effected, | was authorized by law to make service of the documents
and informed said person of the contents herein:

Recipient Name & Address: The Corporation Company 1675 Broadway 1200 Denver, CO 80202
Manner of Service: Registered Agent on Tue, Jul 26 2011 at 10:20AM

Documents: Civil Cover Sheet, Compalint, Summons

Additional Comments:

Successful Attempt 1 Jul 26, 2011 10:20 AM at 1675 Broadway 1200 Denver, CO 80202 received by The Corporation
Company described as "Registered Agent for Experian Information Solutions, inc"

Subscribed md sworn to before me by te efient who Is aA f Lhd 2 U- ey
Al Date

Metro Intelligence Agency

PO Box 621312 .
Littleton, CO 80162-1312
. - wit 2B- Zol3 (720) 318-1503
Re “Commission Expires

a Servelvor. comm Gotiwewe Solauon,
ved


AFFIDAVIT OF SERVICE

County: Denver, CO Court: District Case #: i CV5236 Reference #:
Plaintiff(s): Gabe McFarland Defendant(s): Corporation, Equifax
m Information Serve Sa SR mtn Seah Ine
Filing Date: dn 28.2 1 3:234M MDT
Received by: Metro Intelligence Agency For: Evans & McPaiiand: ia!”

Review Clerk: Tinran Sufi

To be served upon: Corporation Service Company

|, James Allbee, being duly sworn, depose and say: | am over the age of 18 years and not a party to this action, and that
within the boundaries of the state where service was effected, | was authorized by law to make service of the documents
and informed said person of the contents herein:

Recipient Name & Address: Corporation Service Company 1560 Broadway 2090 Denver, CO 80202
Manner of Service: Registered Agent on Tue, Jul 26 2011 at 10:35AM

Documents: Civil Cover Sheet, Complaint, Summons

Additional Comments:

Successful Attempt 1 Jul 26, 2011 10:35 AM at 1560 Broadway 2090 Denver, CO 80202 received by Corporation Service
Company described as “Registered Agent for Equifax Information Services, LLC"

persoi jown to me.

Date

Sabena ad ero before me byte aan whi alld 7-Ub-oY
mes Allbee

4 Metro intelligence Agency
Not&ry Public PO Box 621312
Littleton, CO 80162-1312
116-1 [0-23-03 (720) 318-1909
Date Commission Expires
Job 30382

Tani

v cons Software Solution = : a a
atone eee Se (WW ServeManager.



The following documents are served with this summons: Complaint and District Court Civil

Cover Sheet.

Respectfully submitted this 25" day of July, 2011.

00030184.D0C;1

Evans & MCFARLAND, LLC

The original signature is on file at Evans &
McFarland, LLC

iel McFarl:
M. Gabriel McFarland


ALLE! [ONS

6. In or about February 2010, Compass Bank erroneously reported McFarland as
delinquent on a home equity line of credit, account no. XxXXXXXXXXXXXX7721,

7. Shortly thereafter, McFarland attempted to dispute the negative credit reference.
Defendants’ systems, however, would not permit McFarland from disputing the negative credit
reference electronically or over the phone. Defendants failed to properly investigate and otherwise
ignored McFarland’s written attempts to dispute the negative credit reference. Defendants’ systems
would not permit McFarland to follow-up on his written request electronically or over the phone.

8. On or about December 3, 2010, Compass Bank electronically informed Defendants
that the home equity line of credit had been closed with “no payment delinquencies.” On that same
day, Compass Bank sent McFarland a letter to that same effect. .

9 On December 22, 2010, McFarland sent Compass Bank’s December 3, 2010 letter to
Defendants. Among other things, McFarland’s letter demanded that Defendants remove any
negative credit references from McFarland’s credit report.

10. Defendants ignored Compass Bank’s December 3, 2010 electronic request to remove
any payment delinquencies associated with McFarland’s home equity line of credit.

11. Defendants ignored McFarland’s December 22, 2010 letter requesting the removal of
any payment delinquencies associated with McFarland’s home equity line of credit.

12. Remarkably, on January 5, 2011, Equifax sent a letter to McFarland, contending that
it reinvestigated the negative credit reference, that additional information had been provided by
Compass Bank, and that in fact the account was delinquent. It also represented that Compass Bank
verified that the account had not been closed. Equifax either failed to conduct a reasonable
investigation or purposely and maliciously misrepresented the information it obtained from Compass
Bank.

13. Remarkably, on January 6, 2011, Experian sent McFarland a letter, contending that it
could not “honor” McFarland’s request to remove the negative credit reference because McFarland
did not provide sufficient “identification information for us to verify your identity.” Experian of
course received the same “identification information” Equifax used to identify McFarland.
Moreover, the letter directed McFarland to visit Experian’s website for “secure and immediate online
access.” Again, however, Experian’s system would not allow McFarland access.

14. Inor about June 2011, McFarland sought to finance a home in Encinitas, California.
On July 7, 2011, credit information on McFarland was requested from Defendants.

15. Defendants reported that McFarland’s home equity line of credit was delinquent and
lowered its credit score for McFarland.

16. | Asaresult, McFarland suffered damages in an amount to be proven at trial.


DISTRICT COURT, CITY AND COUNTY OF
DENVER, STATE OF COLORADO

1437 Bannock Street
Denver, Colorado 80202

Plaintiff: A COURT USE ONLY &

M. GABRIEL MCFARLAND

v. Case No.:
Defendants:

Division:
TRANS UNION, EQUIFAX, AND EXPERIAN, INC.

Attorneys for Plaintiff:

M. Gabriel McFarland, No. 26167
Evans & MCFARLAND, LLC

910 13” Street, Suite 200

tel (303) 313-1123

fax (303) 277-1620

e-mail: gmcfarland@emlawyers.com

COMPLAINT

Plaintiff M. Gabriel McFarland (“McFarland”) complains against Trans Union, Equifax, and
Experian, Inc. (“Defendants”) as follows:

PARTIES, JURISDICTION, AND VENUE
1 McFarland is an individual residing in the State of Colorado.

2. Trans Union is a credit reporting agency incorporated in Delaware, with its principal
place of business located in Chicago, Ilinois.

3. Equifax is a credit reporting agency incorporated in Georgia, with its principal place
of business located in Atlanta, Georgia.

4. Experian, Inc., is a credit reporting agency incorporated in Ohio, with its principal
place of business located in Costa Mesa, California.

5. Venue is proper in this Court pursuant to C.R.C.P. 98(c).


3. Q
See C.R.C.P. 38. (CI

Respectfully

120, or other similar expedited proceeding, or

Oo This party is seeking a monetary judgment for more than
$100,000.00 against another party, including any attorney fees, penalties or
punitive damages, but excluding interest and costs (see C.R.C.P. 16.1(c)),
or

Oo Another party has previously stated in its cover sheet that C.R.C.P.
16.1 does not apply to this case, or

Qo This Application does not seek damages.

This party makes a Jury Demand at this time and pays the requisite fee.
hecking this box is optional.)

submitted this 25" day of July, 2011.
EVANS & MCFARLAND, LLC

The original signature is on file at Evans &
McFarland, LLC

By: iel McFarl
M. Gabriel McFarland


AFFIDAVIT OF SERVICE

County: Denver, CO Court: District Case #: | IcVs2z6| Reference #:
Plaintiff(s): Gabe McFarland Defendant(s): PepOiea Corporation, Equif
Infomation Sack, sr Fir Hy SHA Ie

56170

Received by: Metro Intelligence Agency For: Evans & McParland©'Gthalmran Sufi

To be served upon: The Corporation Company

|, James Allbee, being duly swom, depose and say: | am over the age of 18 years and not a party to this action, and that
within the boundaries of the state where service was effected, | was authorized by! law to make service of the documents
and informed said person of the contents herein:

Recipient Name & Address: The Corporation Company 1560 Broadway 2090 Denver, CO 80202
Manner of Service: Registered Agent on Tue, Jul 26 2011 at 10:20AM

Documents: Civil Cover Sheet, Complaint, and Summons.

Additional Comments:

Successful Attempt 1 Jul 26, 2011 10:20 AM at 1560 Broadway 2090 Denver, CO 80202 received by The Corporation
Company described as “Registered Agent for Trans Union Corporation "

Subscribed gnd sworn to before me by the affiant who is 2 ZA OY

mes Allbee Date

Metro Intelligence Agency
PO Box 621312
Littleton, CO 80162-1312

eA [9-23-2013 (720) 318-1503

Date Commission Expires

mi Sofbware Sotution.