1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

HADOUS|CO. PLLC 

Nemer N. Hadous, AZ #027529 

1204 E. Baseline Road, Suite 102 

Tempe, Arizona 85283 

Phone: (602) 492-4432 

Facsimile: (888) 450-0687

nhadous@hadousco.com

Attorneys for Plaintiff Elena Noguero

CHAMI LAW FIRM

David A. Chami, AZ #027585

Attorneys for Plaintiff Elena Noguero

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

NOW COMES Plaintiff Elena Noguero (“Ms. Noguero”), by counsel, for her 

Complaint against Wells Fargo Bank, N.A. (“Wells Fargo”), TransUnion, LLC 

(“TransUnion”), Experian Information Solutions, Inc. (“Experian”) and Equifax Inc. 

(“Equifax”) (collectively, “Defendants”) alleging as follows:

Elena Noguero,

Plaintiff,

vs.

Wells Fargo Bank, N.A;

TransUnion LLC; Experian 

Information Solutions, Inc.; and

Equifax Inc.

Defendants.

No. 

COMPLAINT FOR VIOLATION OF

THE FAIR CREDIT REPORTING ACT, 

15 U.S.C. § 1681 et seq.

JURY DEMAND

Honorable ________________________

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 1 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

JURISDICTION

1. Ms. Noguero files this action for damages arising from violations of the 

Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq.

2. This Court has subject matter jurisdiction over Ms. Noguero’s federal 

claims pursuant to 28 U.S.C. §§1331 and 1343 and 15 U.S.C. § 1681(p).

3. Venue is proper in this Court pursuant to 28 U.S.C. §1391(b), inasmuch as 

the unconstitutional, unlawful, and wrongful conduct alleged was committed in the 

District of Arizona, one or more of the Defendants reside in this district, and Mr. 

Brueggemeyer resides in this district.

PARTIES

4. Ms. Noguero incorporates paragraphs 1-3 as though fully set forth herein.

5. Ms. Noguero is an individual who resides in Maricopa County, Arizona

6. During all time pertinent to this Complaint, Defendant Wells Fargo Bank

was authorized to conduct business in the State of Arizona and conducted business in 

Arizona on a routine and systematic basis. Defendant Wells Fargo Bank is a “furnisher 

of information” under 15 U.S.C. § 1681s-2(a) & (b). 

7. Defendant TransUnion is a “consumer reporting agency,” as defined by 15 

U.S.C. §1681a(f). 

8. Defendant, Experian is a “consumer reporting agency,” as defined by 15 

U.S.C. §1681a(f). 

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 2 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

9. During all time pertinent to this Complaint, Defendants Equifax,

TransUnion, and Experian regularly furnished consumer reports to third parties for 

monetary compensation, fees and other dues. 

10. During all time pertinent to this Complaint, Defendants acted through 

authorized agents, employees, officers, members, directors, heirs, successors, assigns, 

principals, trustees, sureties, subrogees, representatives, and/or insurers.

STATEMENT OF FACTS

11. Ms. Noguero incorporates paragraphs 1-10 as though fully set forth herein.

12. On or about May 26, 2006, Wells Fargo, formerly known as World 

Savings Bank, FSB, entered into a loan agreement with Ms. Noguero $375,000.00 in 

exchange for monthly principal and interest payments and a Deed of Trust on her 

primary residence at 5266 West Muriel Drive, Glendale Arizona, 85308. 

13. During October 2012, Ms. Noguero and Wells Fargo discussed a voluntary 

surrender of her residence in lieu of foreclosure proceeding (which are more costly and 

time-consuming from a lender’s perspective and damaging to the borrower’s credit).

14. On or about November 30, 2012, Ms. Noguero signed a Deed in Lieu 

Agreement (“Agreement”) with Wells Fargo, agreeing to surrender her residence within 

30 days. Ms. Noguero agreed to these accelerated proceedings to avoid the negative 

consequences of a foreclosure on her credit report, including the restrictions on 

qualifying for financing in the future.

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 3 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

15. Ms. Noguero signed the Agreement and executed the accompanying 

Warranty Deed conveying title to Wells Fargo. Ex. 1, Warranty Deed.1 Wells Fargo

subsequently took possession and title of the property without foreclosure proceedings. 

The Notice of Sale was cancelled. Ex. 2, Notice of Cancellation of Sale.

2

16. Thereafter, Ms. Noguero learned Wells Fargo reported her account to three 

major credit bureaus, Defendants Equifax, TransUnion, and Experian, as “Foreclosed.”

17. In November 2013, Ms. Noguero disputed Wells Fargo’s inaccurate credit 

reporting with Defendants Equifax, TransUnion, and Experian.

18. Ms. Noguero advised these Defendants (many times) that her residence

was surrendered by a Deed in Lieu Agreement, not through foreclosure. This is a matter 

of public record. See Maricopa County Recorder’s Office (viewable on the internet).

19. Nonetheless, Defendants refused to accurately report the account, even 

though the information is publicly available and available through Ms. Noguero and 

Wells Fargo. Defendants repeated refusal to perform a reasonable (basic) investigation 

as required by the FCRA, is deliberate, willful, intentional, reckless, and negligent.

 1 Exhibit 1 is a matter of public record.

See http://recorder.maricopa.gov/recdocdata/GetRecDataDetail.aspx?rec=20130009218

(as it existed September 2, 2015).

2 Exhibit 1 is a matter of public record.

See http://recorder.maricopa.gov/recdocdata/GetRecDataDetail.aspx?rec=20130171161

(as it existed September 2, 2015).

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 4 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

20. Consequently, Ms. Noguero suffers emotional distress and consequential 

damages, including credit impairment, and the inability to obtain financing for another 

residence. As a result of Defendants’ conduct, Ms. Noguero’s has inexplicably suffered a 

decreased credit score as a result of the negative entry appearing on Ms. Noguero’s

credit report, preventing her from being able to obtain a mortgage. 

COUNT ONE

Wells Fargo; Equifax; TransUnion and Experian

-Violation of Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.-

21. Ms. Noguero incorporates paragraphs 1-20 as though fully set forth herein.

22. Wells Fargo is a furnisher of information under the FCRA. Upon receipt 

of notice from a credit reporting agency that a consumer disputes information being 

reported by a furnisher of information, the FCRA requires furnishers to conduct an 

investigation with respect to the disputed information, to review all relevant information, 

to report the results of the investigation to the credit reporting agency, and, if the 

investigation reveals that the information is incomplete or inaccurate, to report those 

results to all other credit reporting agencies to which the furnisher has provided the 

inaccurate information. 

23. Ms. Noguero notified Defendants Experian, TransUnion, and Equifax that 

their reporting of the Wells Fargo account was inaccurate. Ms. Noguero provided copies 

of relevant documents (indisputable evidence). Nonetheless, all Defendants refused to 

take the corrective measures required by the FCRA.

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 5 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

24. Wells Fargo violated sections 15 U.S.C. §§ 1681n and 1681o of the FCRA 

by engaging in willful and negligent noncompliance of 15 U.S.C. § 1681s-2(a), (b), by 

the following conduct:

(a) Refusal to conduct an investigation of Ms. Noguero’s dispute when the 

information is readily available;

(b) Refusal to review all relevant information concerning Ms. Noguero’s 

account when this information is readily available; alternatively, failing 

to report the results of its review/investigation to the consumer reporting 

agencies;

(c) Intentional failure to report the knowingly inaccurate status of Ms. 

Noguero’s account information to the credit reporting agencies;

(d) Intentional failure to properly participate, investigate and comply with 

reinvestigations conducted the credit reporting agencies regarding Ms. 

Noguero’s dispute; and

(e) Continuing to furnish and disseminate inaccurate and derogatory credit, 

account, and other information regarding Ms. Noguero to the credit 

reporting agencies despite actual knowledge of these inaccuracies. 

25. All Defendants’ conduct was a direct and proximate cause, as well as a 

substantial factor, in causing damages to Ms. Noguero. Consequently, Ms. Noguero 

suffers emotional distress and consequential damages, including credit impairment, and 

the inability to obtain financing for another residence. As a result of Defendants’ 

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 6 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

conduct, Ms. Noguero’s suffers negative consequences to her credit score preventing her 

from securing financing for another residence. Defendants are further liable for statutory

damages, punitive damages, attorneys’ fees, costs, as well as other such relief permitted 

by 15 U.S.C. § 1681n. 

JURY DEMAND

Ms. Noguero hereby requests a trial by jury in this action.

REQUEST FOR RELIEF

WHEREFORE, Ms. Noguero respectfully seeks the following relief:

A. Actual damages, statutory damages, and punitive damages pursuant 

to 15 U.S.C. §§ 1681n and 1681o;

B. Injunctive and/or declaratory relief as necessary;

C. Reasonable attorney’s fees and costs pursuant to 15 U.S.C. §§ 1681n 

and 1681o; and

D. Taxable expenses, and pre-judgment and post judgment interest as 

may be allowed by law; and

E. Such other and further relief as the Court may deem just, reasonable,

and proper. 

RESPECTFULLY SUBMITTED this 2nd day of September 2015.

HADOUS|CO. PLLC

By: /s/Nemer N. Hadous ’ 

Nemer N. Hadous, AZ #027529

Attorneys for Plaintiff Elena Noguero

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 7 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

CERTIFICATE OF SERVICE

I hereby certify that on September 2, 2015, I electronically filed the foregoing with 

the Clerk of the Court using the ECF system, which will send notice of such filing to all 

attorneys of record in this matter. Since none of the attorneys of record are non-ECF 

participants, hard copies of the foregoing have not been provided via personal delivery or 

by postal mail.

RESPECTFULLY SUBMITTED this 2nd day of September 2015.

HADOUS|CO. PLLC

By: /s/Nemer N. Hadous ’ 

Nemer N. Hadous, AZ #027529

Attorneys for Plaintiff Elena Noguero

Case 2:15-cv-01758-SPL Document 1 Filed 09/02/15 Page 8 of 8