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ETRINETTE G. KENT (State Bar No. 025180)

10645 North Tatum Blvd., Suite 200-192

Phoenix, AZ 85028 

Telephone: (480) 247-9644

Facsimile: (480) 717-4781

E-mail: tkent@kentlawpc.com

Of Counsel to:

Nitzkin & Associates

22142 West Nine Mile Road

Southfield, MI 48033

Telephone: (248) 353-2882

Facsimile: (248) 353-4840

Attorneys for Plaintiff,

Jon Cadenhead

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Jon Cadenhead,

Plaintiff,

vs.

Experian Information Solutions, Inc.

an Ohio corporation, Trans Union, LLC,

a Delaware limited liability company;

Equifax Information Services, LLC, a 

Georgia corporation; Arizona Public 

Service, an Arizona corporation; Bank of 

America, National Association, a North 

Carolina corporation; and Capital One 

Bank, USA, NA, a National Association,

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMANDED

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NOW COMES THE PLAINTIFF, JON CADENHEAD, BY AND THROUGH 

COUNSEL, TRINETTE G. KENT, and for his Complaint against the Defendants, 

pleads as follows:

JURISDICTION

1. Jurisdiction of this court arises under the Fair Credit Reporting Act (“FCRA”)

15 U.S.C. §1681p., and 28 U.S.C. §§1331, 1337.

2. This is an action brought by a consumer for violation of the Fair Credit 

Reporting Act (15 U.S.C. §1681, et seq. [hereinafter “FCRA”]).

VENUE

3. The transactions and occurrences which give rise to this action occurred in the 

City of Gilbert, Maricopa County, Arizona. 

4. Venue is proper in the District of Arizona, Phoenix Division. 

PARTIES

5. The Defendants to this lawsuit are:

a. Experian Information Solutions, Inc. (“Experian”), which is an Ohio 

corporation that maintains a registered agent in Maricopa County, 

Arizona;

b. Trans Union, LLC (“Trans Union”), which is an Delaware company that 

maintains a registered agent in Maricopa County, Arizona;

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c. Equifax Information Services, LLC (“Equifax”), which is a Georgia 

company that maintains a registered agent in Maricopa County, Arizona; 

d. Arizona Public Service (“APS”), which is an Arizona corporation;

e. Bank of America, National Association (“BOA”), which is a North 

Carolina corporation that maintains a registered agent in Maricopa 

County, Arizona; and 

f. Capital One Bank, USA, NA (“Capital One”), which is a national 

association that maintains a registered agent in Baltimore County, 

Maryland.

GENERAL ALLEGATIONS

6. On or about April 13, 2015, Plaintiff obtained his Experian, Trans Union, and 

Equifax credit reports and noticed multiple “KD” meaning “Key Derogatory” 

language on the following trade lines (“Errant Trade Lines”):

a. Arizona Public Service, Account Number 927XXXX;

b. Bank of America, Account Number 1XXXX;

c. Capital One Bank, USA, Account Number 51780523XXXX.

7. These multiple KDs convey to any user or prospective of Plaintiff's credit 

reports that, not only was a key derogatory incurred on a particular date, but for 

several months thereafter. These repetitive key derogatory notations are far 

more punitive and misleading than informative.

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8. On or about June 25, 2015, Mr. Cadenhead submitted a letter to Experian, Trans 

Union, and Equifax, disputing the multiple “KDs” on the three (3) above listed 

Errant Trade Lines.

9. Upon information and belief, Defendants Experian, Trans Union, and Equifax

forwarded Mr. Cadenhead’s dispute to Defendants Arizona Public Service, 

Bank of America, and Capital One.

10.On or about July 22, 2015, Mr. Cadenhead received Experian’s investigation 

results, which showed that Experian, APS, and Capital One wrongfully retained 

multiple charge-offs on their Errant Trade Lines. 

11.On or about July 23, 2015, Mr. Cadenhead received Equifax’s investigation 

results, which showed that Equifax and Capital One wrongfully retained 

multiple charge-offs on the Capital One Errant Trade Line with Account 

Number 51780523XXXX.

12. On or about July 24, 2015, Mr. Cadenhead received Trans Union’s 

investigation results, which showed that Trans Union, APS, Bank of America,

and Capital One wrongfully retained multiple charge offs on their Errant Trade 

Lines with account numbers 927XXX, 1XXX and 51780523XXXX.

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COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY APS

13.Plaintiff re-alleges the above paragraphs as if recited verbatim.

14.After being informed by Experian and Trans Union of the Plaintiff’s consumer 

dispute regarding the Errant Trade Lines, APS negligently failed to conduct a 

proper reinvestigation of the Plaintiff's disputes as required by 15 USC 1681s2(b). 

15.APS negligently failed to review all relevant information available to it and 

provided by Experian and Trans Union in conducting its reinvestigation as 

required by 15 USC 1681s-2(b). Specifically, it failed to direct Experian and 

Trans Union to remove the multiple charge-offs from the Errant Trade Line 

from Mr. Cadenhead’s consumer credit reports.

16.The Errant Trade Line is inaccurate and creating a misleading impression on 

Mr. Cadenhead’s consumer credit file with Experian and Trans Union to which 

it is reporting such trade line.

17.As a direct and proximate cause of APS’s negligent failure to perform its duties 

under the FCRA, Mr. Cadenhead has suffered damages, mental anguish, 

suffering, humiliation, and embarrassment.

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18.APS is liable to Mr. Cadenhead by reason of its violations of the FCRA in an 

amount to be determined by the trier fact, together with reasonable attorneys’ 

fees pursuant to 15 USC 1681o. 

19.Mr. Cadenhead has a private right of action to assert claims against APS arising 

under 15 USC 1681s-2(b).

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against APS for damages, costs, interest, and attorneys’ fees.

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

APS

20.Plaintiff re-alleges the above paragraphs as if recited verbatim.

21.After being informed by Experian and Trans Union that Mr. Cadenhead 

disputed the accuracy of the information it was providing, APS willfully failed 

to conduct a proper reinvestigation of Mr. Cadenhead’s dispute. 

22.APS willfully failed to review all relevant information available to it and 

provided by Experian and Trans Union as required by 15 USC 1681s-2(b).

23.As a direct and proximate cause of APS’s willful failure to perform its 

respective duties under the FCRA, Mr. Cadenhead has suffered damages, 

mental anguish, suffering, humiliation, and embarrassment.

24.APS is liable to Mr. Cadenhead for either statutory damages or actual damages 

he has sustained by reason of its violations of the FCRA in an amount to be 

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determined by the trier fact, together with an award of punitive damages in the 

amount to be determined by the trier of fact, as well as for reasonable attorneys’ 

fees that he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against APS for the greater of statutory or actual damages, plus punitive damages, 

along with costs, interest, and attorneys’ fees.

COUNT III

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY BOA

25.Plaintiff re-alleges the above paragraphs as if recited verbatim.

26.After being informed by Trans Union of the Plaintiff’s consumer dispute 

regarding the Errant Trade Lines, BOA negligently failed to conduct a proper 

reinvestigation of the Plaintiff's dispute as required by 15 USC 1681s-2(b). 

27.BOA negligently failed to review all relevant information available to it and 

provided by Trans Union in conducting its reinvestigation as required by 15 

USC 1681s-2(b). Specifically, it failed to direct Trans Union to remove the 

multiple charge-offs from the Errant Trade Line from Mr. Cadenhead’s

consumer credit report.

28.The Errant Trade Line is inaccurate and creating a misleading impression on 

Mr. Cadenhead’s consumer credit file with Trans Union to which it is reporting 

such trade line.

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29.As a direct and proximate cause of BOA’s negligent failure to perform its duties 

under the FCRA, Mr. Cadenhead has suffered damages, mental anguish, 

suffering, humiliation, and embarrassment.

30.BOA is liable to Mr. Cadenhead by reason of its violations of the FCRA in an 

amount to be determined by the trier fact, together with reasonable attorneys’ 

fees pursuant to 15 USC 1681o. 

31.Mr. Cadenhead has a private right of action to assert claims against BOA

arising under 15 USC 1681s-2(b).

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against BOA for damages, costs, interest, and attorneys’ fees.

COUNT IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

BOA

32.Plaintiff re-alleges the above paragraphs as if recited verbatim.

33.After being informed by Trans Union that Mr. Cadenhead disputed the accuracy 

of the information it was providing, BOA willfully failed to conduct a proper 

reinvestigation of Mr. Cadenhead’s dispute. 

34.BOA willfully failed to review all relevant information available to it and 

provided by Trans Union as required by 15 USC 1681s-2(b).

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35.As a direct and proximate cause of BOA’s willful failure to perform its 

respective duties under the FCRA, Mr. Cadenhead has suffered damages, 

mental anguish, suffering, humiliation, and embarrassment.

36.BOA is liable to Mr. Cadenhead for either statutory damages or actual damages 

he has sustained by reason of its violations of the FCRA in an amount to be 

determined by the trier fact, together with an award of punitive damages in the 

amount to be determined by the trier of fact, as well as for reasonable attorneys’ 

fees that he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against BOA for the greater of statutory or actual damages, plus punitive damages, 

along with costs, interest, and attorneys’ fees.

COUNT V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY CAPITAL ONE 

37.Plaintiff re-alleges the above paragraphs as if recited verbatim.

38.After being informed by Experian, Trans Union, and Equifax of the Plaintiff’s 

consumer dispute regarding the Errant Trade Line, Capital One negligently 

failed to conduct a proper reinvestigation of the Plaintiff's disputes as required 

by 15 USC 1681s-2(b). 

39.Capital One negligently failed to review all relevant information available to it 

and provided by each credit reporting agency in conducting its reinvestigation 

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as required by 15 USC 1681s-2(b). Specifically, it failed to direct Experian, 

Trans Union, and Equifax to remove the multiple charge-offs from the Errant

Trade Lines from Mr. Cadenhead’s consumer credit report.

40.The Errant Trade Lines are inaccurate and creating a misleading impression on 

Mr. Cadenhead’s consumer credit file with Experian, Trans Union, and Equifax

to which it is reporting such trade line.

41.As a direct and proximate cause of Capital One’s negligent failure to perform 

its duties under the FCRA, Mr. Cadenhead has suffered damages, mental 

anguish, suffering, humiliation, and embarrassment.

42.Capital One is liable to Mr. Cadenhead by reason of its violations of the FCRA 

in an amount to be determined by the trier fact, together with reasonable 

attorneys’ fees pursuant to 15 USC 1681o. 

43.Mr. Cadenhead has a private right of action to assert claims against Capital One

arising under 15 USC 1681s-2(b).

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Capital One for damages, costs, interest, and attorneys’ fees.

COUNT VI

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

CAPITAL ONE

44.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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45.After being informed by Experian, Trans Union, and Equifax that Mr. 

Cadenhead disputed the accuracy of the information it was providing, Capital 

One willfully failed to conduct a proper reinvestigation of Mr. Cadenhead’s

dispute. 

46.Capital One willfully failed to review all relevant information available to it and 

provided by each such credit reporting agency as required by 15 USC 1681s2(b).

47.As a direct and proximate cause of Capital One’s willful failure to perform its 

respective duties under the FCRA, Mr. Cadenhead has suffered damages, 

mental anguish, suffering, humiliation, and embarrassment.

48.Capital One is liable to Mr. Cadenhead for either statutory damages or actual 

damages he has sustained by reason of its violations of the FCRA in an amount 

to be determined by the trier fact, together with an award of punitive damages 

in the amount to be determined by the trier of fact, as well as for reasonable 

attorneys’ fees that he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Capital One for the greater of statutory or actual damages, plus punitive 

damages, along with costs, interest, and attorneys’ fees.

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COUNT VII

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

49.Plaintiff re-alleges the above paragraphs as if recited verbatim.

50.Defendant Experian prepared, compiled, issued, assembled, transferred, 

published, and otherwise reproduced consumer reports regarding Mr. 

Cadenhead as that term is defined in 15 USC 1681a.

51.Such reports contained information about Mr. Cadenhead that was false, 

misleading, and inaccurate.

52.Experian negligently failed to maintain and/or follow reasonable procedures to 

assure maximum possible accuracy of the information it reported to one or 

more third parties pertaining to Mr. Cadenhead, in violation of 15 USC 

1681e(b).

53. After receiving Mr. Cadenhead’s consumer dispute to the Errant Trade Lines, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

54.As a direct and proximate cause of Experian’s negligent failure to perform its 

duties under the FCRA, Mr. Cadenhead has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

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55.Experian is liable to Mr. Cadenhead by reason of its violation of the FCRA in 

an amount to be determined by the trier fact together with his reasonable 

attorneys’ fees pursuant to 15 USC 1681o. 

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Experian for actual damages, costs, interest, and attorneys’ fees.

COUNT VIII

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

56.Plaintiff re-alleges the above paragraphs as if recited verbatim.

57.Defendant Experian prepared, compiled, issued, assembled, transferred, 

published and otherwise reproduced consumer reports regarding Mr. Cadenhead

as that term is defined in 15 USC 1681a.

58.Such reports contained information about Plaintiff that was false, misleading,

and inaccurate.

59.Experian willfully failed to maintain and/or follow reasonable procedures to 

assure maximum possible accuracy of the information that it reported to one or 

more third parties pertaining to Mr. Cadenhead, in violation of 15 USC 

1681e(b).

60. After receiving Mr. Cadenhead’s consumer dispute to the Errant Trade Lines, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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61.As a direct and proximate cause of Experian’s willful failure to perform its 

duties under the FCRA, Mr. Cadenhead has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

62.Experian is liable to Mr. Cadenhead by reason of its violations of the FCRA in 

an amount to be determined by the trier of fact, together with his reasonable 

attorneys’ fees pursuant to 15 USC 1681n. 

1. WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Defendant Experian for the greater of statutory or actual damages, plus 

punitive damages along with costs, interest, and reasonable attorneys’ fees.

COUNT IX

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

TRANS UNION

63.Plaintiff re-alleges the above paragraphs as if recited verbatim.

64.Defendant Trans Union prepared, compiled, issued, assembled, transferred, 

published, and otherwise reproduced consumer reports regarding Mr. 

Cadenhead as that term is defined in 15 USC 1681a.

65.Such reports contained information about Mr. Cadenhead that was false, 

misleading, and inaccurate.

66.Trans Union negligently failed to maintain and/or follow reasonable procedures 

to assure maximum possible accuracy of the information it reported to one or 

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more third parties pertaining to Mr. Cadenhead, in violation of 15 USC 

1681e(b).

67. After receiving Mr. Cadenhead’s consumer dispute to the Errant Trade Lines,

Trans Union negligently failed to conduct a reasonable reinvestigation as 

required by 15 U.S.C. 1681i.

68.As a direct and proximate cause of Trans Union’s negligent failure to perform 

its duties under the FCRA, Mr. Cadenhead has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

69.Trans Union is liable to Mr. Cadenhead by reason of its violation of the FCRA 

in an amount to be determined by the trier fact together with his reasonable 

attorneys’ fees pursuant to 15 USC 1681o. 

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Trans Union for actual damages, costs, interest, and attorneys’ fees.

COUNT X

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

TRANS UNION 

70.Plaintiff re-alleges the above paragraphs as if recited verbatim.

71.Defendant Trans Union prepared, compiled, issued, assembled, transferred, 

published and otherwise reproduced consumer reports regarding Mr. Cadenhead

as that term is defined in 15 USC 1681a.

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72.Such reports contained information about Plaintiff that was false, misleading,

and inaccurate.

73.Trans Union willfully failed to maintain and/or follow reasonable procedures to 

assure maximum possible accuracy of the information that it reported to one or 

more third parties pertaining to Mr. Cadenhead, in violation of 15 USC 

1681e(b).

74. After receiving Mr. Cadenhead’s consumer dispute to the Errant Trade Lines, 

Trans Union willfully failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

75.As a direct and proximate cause of Trans Union‘s willful failure to perform its 

duties under the FCRA, Mr. Cadenhead has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

76.Trans Union is liable to Mr. Cadenhead by reason of its violations of the FCRA 

in an amount to be determined by the trier of fact, together with his reasonable 

attorneys’ fees pursuant to 15 USC 1681n. 

2. WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Defendant Trans Union for the greater of statutory or actual damages, plus 

punitive damages along with costs, interest, and reasonable attorneys’ fees.

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COUNT XI

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

77.Plaintiff re-alleges the above paragraphs as if recited verbatim.

78.Defendant Equifax prepared, compiled, issued, assembled, transferred, 

published, and otherwise reproduced consumer reports regarding Mr. 

Cadenhead as that term is defined in 15 USC 1681a.

79.Such reports contained information about Mr. Cadenhead that was false, 

misleading, and inaccurate.

80.Equifax negligently failed to maintain and/or follow reasonable procedures to 

assure maximum possible accuracy of the information it reported to one or 

more third parties pertaining to Mr. Cadenhead, in violation of 15 USC 

1681e(b).

81. After receiving Mr. Cadenhead’s consumer dispute to the Errant Trade Lines, 

Equifax negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

82.As a direct and proximate cause of Equifax’s negligent failure to perform its 

duties under the FCRA, Mr. Cadenhead has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

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83.Equifax is liable to Mr. Cadenhead by reason of its violation of the FCRA in an 

amount to be determined by the trier fact, together with his reasonable 

attorneys’ fees pursuant to 15 USC 1681o. 

WHEREFORE, PLAINTIFF PRAYS that the court grant him a judgment 

against Equifax for actual damages, costs, interest, and attorneys’ fees.

COUNT XII

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

84.Plaintiff re-alleges the above paragraphs as if recited verbatim.

85.Defendant Equifax prepared, compiled, issued, assembled, transferred, 

published, and otherwise reproduced consumer reports regarding Mr. 

Cadenhead as that term is defined in 15 USC 1681a.

86.Such reports contained information about Mr. Cadenhead that was false, 

misleading, and inaccurate.

87.Equifax willfully failed to maintain and/or follow reasonable procedures to 

assure maximum possible accuracy of the information that it reported to one or 

more third parties pertaining to Mr. Cadenhead, in violation of 15 USC 

1681e(b).

88. After receiving the Plaintiff’s consumer dispute to the Errant Trade Lines, 

Equifax willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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89.As a direct and proximate cause of Equifax’s willful failure to perform its duties 

under the FCRA, Mr. Cadenhead has suffered actual damages, mental anguish 

and suffering, humiliation, and embarrassment.

90.Equifax is liable to Mr. Cadenhead by reason of its violations of the FCRA in 

an amount to be determined by the trier of fact, together with his reasonable 

attorneys’ fees pursuant to 15 USC 1681n. 

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Defendant Equifax for the greater of statutory or actual damages, plus punitive 

damages along with costs, interest, and reasonable attorneys’ fees.

JURY DEMAND

Plaintiff hereby demands a trial by Jury.

DATED: October 1, 2015 NITZKIN & ASSOCIATES

By: /s/ Trinette G. Kent 

Trinette G. Kent

Attorneys for Plaintiff,

Jon Cadenhead

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