COMPLAINT 1

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David J. McGlothlin, Esq. (SBN 026059)

david@southwestlitigation.com

Hyde & Swigart

2633 E. Indian School Road, Ste. 460

Phoenix, AZ 85016

Telephone: (602) 265-3332

Facsimile: (602) 230-4482 Ryan L. McBride, Esq. (SBN 032001)

ryan@kazlg.com

Kazerouni Law Group, APC

2633 E. Indian School Road, Ste. 460

Phoenix, AZ 85016

Telephone: (800) 400-6808

Facsimile: (800) 520-5523

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

INTRODUCTION

1. The United States Congress has found the banking system is dependent upon 

fair and accurate credit reporting. Inaccurate credit reports directly impair 

the efficiency of the banking system, and unfair credit reporting methods 

Carol A. Fadale, 

 Plaintiff, 

 v. 

Equifax Information Services, 

LLC, Arizona Federal Credit 

Union, Wells Fargo Home 

Mortgage, American Express, 

Department Stores National 

Bank, and Cititbank, N.A.,

 Defendants.

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Case No.:

COMPLAINT FOR DAMAGES 

PURSUANT TO THE FAIR CREDIT 

REPORTING ACT, 15 U.S.C. § 1681, ET SEQ.

JURY TRIAL DEMANDED

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 1 of 21
COMPLAINT 2

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undermine the public confidence, which is essential to the continued 

functioning of the banking system. Congress enacted the Fair Credit 

Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), to insure fair and 

accurate reporting, promote efficiency in the banking system, and protect 

consumer privacy. The FCRA seeks to ensure consumer reporting agencies 

exercise their grave responsibilities with fairness, impartiality, and a respect 

for the consumer’s right to privacy because consumer reporting agencies 

have assumed such a vital role in assembling and evaluating consumer credit 

and other information on consumers. The FCRA also imposes duties on the 

sources that provide credit information to credit reporting agencies, called 

“furnishers.”

2. CAROL A. FADALE (“Plaintiff”), by Plaintiff’s attorneys, brings this 

action to challenge the actions of EQUIFAX INFORMATION SERVICES, 

LLC (“Equifax”), ARIZONA FEDERAL CREDIT UNION (“AFCU”),

WELLS FARGO HOME MORTGAGE (“Wells Fargo”), AMERICAN 

EXPRESS (“AMEX”), DEPARTMENT STORES NATIONAL BANK 

(“DSNB”), and CITIBANK, N.A. (“CBNA”) (or jointly as “Defendants”)

with regard to erroneous reports of derogatory and negative credit 

information made by Defendants to national reporting agencies, and for 

failure of Defendants to properly investigate, and this conduct caused 

Plaintiff damages. 

3. Plaintiff makes these allegations on information and belief, with the 

exception of those allegations that pertain to Plaintiff, or to Plaintiff’s 

counsel, which Plaintiff alleges on personal knowledge.

4. While many violations are described below with specificity, this Complaint 

alleges violations of the statute cited in its entirety. 

5. Unless otherwise stated, all the conduct engaged in by Defendants took 

place in Arizona.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 2 of 21
COMPLAINT 3

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6. Any violations by Defendants were knowing, willful, and intentional, and 

Defendant did not maintain procedures reasonably adapted to avoid any such 

violation.

7. Unless otherwise indicated, the use of Defendants’ name in this Complaint 

includes all agents, employees, officers, members, directors, heirs, 

successors, assigns, principals, trustees, sureties, subrogees, representatives, 

and insurers of Defendants’ named.

JURISDICTION AND VENUE

8. This Court has federal question jurisdiction because this case arises out of 

violation of federal law. 15 U.S.C. §1681 et seq.; 28 U.S.C. §1331; 

Jurisdiction arises for Plaintiff’s supplemental state claims under 28 U.S.C. 

§ 1367.

9. This action arises out of Defendants’ violations of the Fair Credit Reporting 

Act, 15 U.S.C. §§ 1681-1681(x) (“FCRA”).

10. Venue is proper in the United States District Court for the District of 

Arizona pursuant to 28 U.S.C. § 1391(b) because Plaintiff is a resident of 

Maricopa County, the State of Arizona and Defendants are subject to 

personal jurisdiction in the County of Maricopa, State of Arizona as they 

conduct business there, and the conduct giving rise to this action occurred in 

Arizona. 28 U.S.C. § 1391(b)(2). 

PARTIES

11. Plaintiff is a natural person residing in the County of Maricopa, State of 

Arizona. In addition, Plaintiff is a “consumer” as that term is defined by 15 

U.S.C. § 1681a(c). 

12. Defendant Equifax is a corporation doing business in the State of Arizona.

13. Defendant AFCU is a credit union doing business in the State of Arizona. 

14. Defendant Wells Fargo is a company doing business in the State of Arizona. 

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 3 of 21
COMPLAINT 4

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15. Defendant AMEX is a corporation registered with the Arizona Secretary of 

state doing business in the State of Arizona.

16. Defendant DSNB is a bank doing business in the State of Arizona.

17. Defendant CBNA is a bank doing business in the State of Arizona.

18. Defendants AFCU, Wells Fargo, AMEX, DSNB, and CBNA are furnishers

of information as contemplated by 15 U.S.C. § 1681s-2(b) that regularly and 

in the ordinary course of business furnish information to a consumer credit 

reporting agency. 

19. Defendant Equifax is a national credit reporting agency, doing business in 

Arizona, with a principal place of business in Georgia.

GENERAL ALLEGATIONS

20. At all times relevant, Plaintiff was an individual residing within the State of 

Arizona.

21. At all times relevant, Defendants conducted business in the State of Arizona.

22. On or about August 17, 2012, Plaintiff filed for Bankruptcy in the United 

States Bankruptcy Court for the District of Arizona. Plaintiff’s case was 

assigned Case Number 2:12-bk-18542-SSC (the “Bankruptcy”).

23. The obligations (“Debt”) to each defendant were scheduled in the 

Bankruptcy and Defendants, the Creditors, received notice of the 

Bankruptcy.

24. On or about January 10, 2013, Plaintiff received a Bankruptcy discharge.

25. None of the Defendants filed any proceedings to declare their Debt “non 

dischargeable” pursuant to 11 U.S.C. § 523 et seq. 

26. Defendants also did not request relief from the “automatic stay” codified at 

11 U.S.C. §362 et seq. while the Plaintiff’s Bankruptcy was pending to 

pursue the Plaintiff on any personal liability for any of the underlying Debts.

27. Accordingly, the Debt to each defendant was discharged through the 

Bankruptcy.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 4 of 21
COMPLAINT 5

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28. Further, while the automatic stay was in effect during the Bankruptcy, it was 

illegal for any of the Defendants to report any post-Bankruptcy derogatory 

collection information.

29. Defendants’ attempt to collect upon their respective Debt by reporting postBankruptcy derogatory information was therefore false or inaccurate and 

prohibited by the automatic stay or Discharge. 

30. Plaintiff subsequently learned that each of the named Defendants reported 

post-Bankruptcy derogatory credit information regarding the obligations on 

Plaintiff’s credit reports, thereby causing erroneous and negative credit 

information in Plaintiff’s credit files.

Arizona Federal Credit Union Misreported Credit Information

31. In an Equifax credit report dated July 15, 2015, AFCU reported the 

following inaccurate, derogatory information:

• Account No. 303387XXXX: Post-bankruptcy information for 

the following dates: September 2012 (Date Major Delinquency 

First Reported).

• Account No. 3033XXXX: Post-bankruptcy information for the 

following dates: September 2012 (Date Major Delinquency 

First Reported).

32. AFCU should not have reported derogatory information on Plaintiff’s 

account after August 17, 2012, because Plaintiff filed for Bankruptcy on 

August 17, 2012.

33. On or about July 15, 2015, Plaintiff disputed AFCU’s reported information 

regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Equifax,

in writing, of the incorrect and inaccurate credit information furnished by 

AFCU.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 5 of 21
COMPLAINT 6

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34. Specifically, Plaintiff sent a letter, certified, return receipt, to Equifax (the 

“Equifax Dispute Letter”), requesting the above inaccurate and incorrect 

derogatory information be removed as follows:

• Account #303387XXXX: This account was discharged in my 

Bankruptcy which was filed on 08/17/2012 and discharged 

01/10/2013, bearing Case No. 2:12-bk-18542-SSC in the 

District for Arizona. There should be no derogatory reporting 

after the filing date. Specifically, please remove the derogatory 

information for the following post-bankruptcy dates: September 

2012 (Date Major Delinquency First Reported).

• Account #3033XXXX: This account was discharged in my 

Bankruptcy which was filed on 08/17/2012 and discharged 

01/10/2013, bearing Case No. 2:12-bk-18542-SSC in the 

District for Arizona. There should be no derogatory reporting 

after the filing date. Specifically, please remove the derogatory 

information for the following post-bankruptcy dates: September 

2012 (Date Major Delinquency First Reported).

35. The Equifax Dispute Letter further requested that Equifax:

• Immediately delete this account and the disputed derogatory 

information from my credit report.

• The discharged debt should be reported with an account balance 

of $0 with a status of “current”.

• Further, there should be no post-bankruptcy activity reported on 

this account. The date of last activity on this account should predate my bankruptcy filing date, 08/17/2012, since a default on this 

account occurred no later than the Bankruptcy filing date.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 6 of 21
COMPLAINT 7

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• Any post-bankruptcy derogatory information should be 

immediately deleted from [Plaintiff’s] report.

• If [Equifax] do[es] not immediately delete this from 

[Plaintiff’s] credit report, please include a 100-word statement in 

my credit report of all of the disputed information contained in this 

letter regarding this account. 

36. Upon information and belief, Equifax timely notified AFCU of Plaintiff’s 

dispute, but AFCU continued reporting derogatory information.

37. AFCU and Equifax were required to conduct a reinvestigation into this 

specific account on Plaintiff’s consumer report pursuant to 15 U.S.C. 

§1681i.

38. On or about August 7, 2015, Plaintiff received notification from Equifax that 

AFCU and Equifax received notice of Plaintiff’s dispute pursuant to 15 

U.SC. § 1681i(a)(6), and Defendants verified that both accounts do not 

“report any late payments.”

39. Surprisingly, rather than remove all the derogatory information from 

Plaintiff’s report, AFCU and Equifax simply left derogatory information on 

Plaintiff’s report. Specifically, AFCU and Equifax reported the following 

inaccurate, derogatory information:

• Account No. 303387XXXX: Post-bankruptcy information for 

the following dates: September 2012 (Date Major Delinquency 

First Reported).

• Account No. 3033XXXX: Post-bankruptcy information for the 

following dates: September 2012 (Date Major Delinquency 

First Reported).

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 7 of 21
COMPLAINT 8

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40. AFCU and Equifax, upon receipt of Plaintiff’s dispute, failed to conduct an 

investigation with respect to the disputed information as required by 15 

U.SC. § 1681s-2(b)(1)(A).

41. AFCU and Equifax failed to review all relevant information provided by 

Plaintiff in the dispute to Equifax, as required by and in violation of 15 

U.SC. § 1681s-2(b)(1)(B).

42. Due to AFCU and Equifax’s failure to investigate, they each further failed to 

correct and update Plaintiff’s information as required by 15 U.S.C. § 1681s2(b)(1)(E), thereby causing continued reporting of inaccurate information in 

violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

43. Plaintiff’s continued efforts to correct AFCU and Equifax’s erroneous and 

negative reporting of the Debt by communicating Plaintiff’s dispute with 

AFCU and Equifax were fruitless.

44. AFCU and Equifax’s continued inaccurate and negative reporting of the 

Debt in light of its knowledge of the actual error was willful.

45. AFCU and Equifax’s inaccurate and negative reporting damaged Plaintiff’s 

creditworthiness.

46. By inaccurately reporting account information relating to the Debt after 

notice and confirmation of its errors, AFCU and Equifax failed to take the 

appropriate measures as determined in 15 U.S.C. §§ 1681-s(2)(b)(1)(D) and 

(E).

Wells Fargo Home Mortgage Misreported Credit Information

47. In an Equifax credit report dated July 15, 2015, Wells Fargo reported the 

following inaccurate, derogatory information:

• Account #708019682XXXX: Post-bankruptcy information for 

the following dates: September 2012 (Date Major Delinquency 

First Reported).

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 8 of 21
COMPLAINT 9

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48. Wells Fargo should not have reported derogatory information on Plaintiff’s 

account after August 17, 2012, because Plaintiff filed for Bankruptcy on 

August 17, 2012.

49. On or about July 15, 2015, Plaintiff disputed Wells Fargo’s reported 

information regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by 

notifying Equifax, in writing, of the incorrect and inaccurate credit 

information furnished by Wells Fargo. 

50. Specifically, Plaintiff sent a letter, certified, return receipt, to Equifax (the 

“Equifax Dispute Letter”), requesting the above inaccurate and incorrect 

derogatory information be removed as follows:

• This account was discharged in my Bankruptcy which was filed 

on 08/17/2012 and discharged 01/10/2013, bearing Case No. 

2:12-bk-18542-SSC in the District for Arizona. There should 

be no derogatory reporting after the filing date. Specifically, 

please remove the derogatory information for the following 

post-bankruptcy dates: September 2012 (Date Major 

Delinquency First Reported).

51. The Equifax Dispute Letter further requested that Equifax:

• Immediately delete this account and the disputed derogatory 

information from [Plaintiff’s] credit report.

• The discharged debt should be reported with an account balance 

of $0 with a status of “current”.

• Further, there should be no post-bankruptcy activity reported on 

this account. The date of last activity on this account should predate my bankruptcy filing date, 08/17/2012, since a default on this 

account occurred no later than the Bankruptcy filing date.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 9 of 21
COMPLAINT 10

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• Any post-bankruptcy derogatory information should be 

immediately deleted from [Plaintiff’s] report.

• If [Equifax] do[es] not immediately delete this from 

[Plaintiff’s] credit report, please include a 100-word statement in 

my credit report of all of the disputed information contained in this 

letter regarding this account. 

52. Upon information and belief, Equifax timely notified Wells Fargo of 

Plaintiff’s dispute, but Wells Fargo continued reporting derogatory 

information.

53. Wells Fargo and Equifax were required to conduct a reinvestigation into this 

specific account on Plaintiff’s consumer report pursuant to 15 U.S.C. 

§1681i.

54. On or about August 7, 2015, Plaintiff received notification from Equifax that 

Wells Fargo and Equifax received notice of Plaintiff’s dispute pursuant to 15 

U.SC. § 1681i(a)(6), and verified the account does not “report any late 

payments.”

55. Surprisingly, rather than remove all the derogatory information from 

Plaintiff’s report, Wells Fargo and Equifax simply left derogatory 

information on Plaintiff’s report. Specifically, Wells Fargo and Equifax

reported the following inaccurate, derogatory information:

• Account #708019682XXXX: Post-bankruptcy information for 

the following dates: September 2012 (Date Major Delinquency 

First Reported).

56. Wells Fargo and Equifax, upon receipt of Plaintiff’s dispute, failed to 

conduct an investigation with respect to the disputed information as required 

by 15 U.S.C. § 1681s-2(b)(1)(A).

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 10 of 21
COMPLAINT 11

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57. Wells Fargo and Equifax failed to review all relevant information provided 

by Plaintiff in the dispute to Equifax, as required by and in violation of 15 

U.S.C. § 1681s-2(b)(1)(B).

58. Due to Wells Fargo and Equifax’s failure to investigate, they each further 

failed to correct and update Plaintiff’s information as required by 15 U.S.C. 

§ 1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate 

information in violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

59. Plaintiff’s continued efforts to correct Wells Fargo and Equifax’s erroneous 

and negative reporting of the Debt by communicating Plaintiff’s dispute 

with Wells Fargo and Equifax were fruitless.

60. Wells Fargo and Equifax’s continued inaccurate and negative reporting of 

the Debt in light of its knowledge of the actual error was willful.

61. Wells Fargo and Equifax’s inaccurate and negative reporting damaged 

Plaintiff’s creditworthiness.

62. By inaccurately reporting account information relating to the Debt after 

notice and confirmation of its errors, Wells Fargo and Equifax failed to take 

the appropriate measures as determined in 15 U.S.C. §§ 1681-s(2)(b)(1)(D) 

and (E).

American Express Misreported Credit Information

63. In an Equifax credit report dated July 15, 2015, AMEX reported the 

following inaccurate, derogatory information:

• Account #349991093639XXXX: Post-bankruptcy information 

for the following dates: September 2012 (Date Major 

Delinquency First Reported).

64. AMEX should not have reported derogatory information on Plaintiff’s 

account after August 17, 2012, because Plaintiff filed for Bankruptcy on 

August 17, 2012.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 11 of 21
COMPLAINT 12

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65. On or about July 15, 2015, Plaintiff disputed AMEX’s reported information 

regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Equifax, 

in writing, of the incorrect and inaccurate credit information furnished by 

AMEX. 

66. Specifically, Plaintiff sent a letter, certified, return receipt, to Equifax (the 

“Equifax Dispute Letter”), requesting the above inaccurate and incorrect 

derogatory information be removed as follows:

• This account was discharged in my Bankruptcy which was filed 

on 08/17/2012 and discharged 01/10/2013, bearing Case No. 

2:12-bk-18542-SSC in the District for Arizona. There should 

be no derogatory reporting after the filing date. Specifically, 

please remove the derogatory information for the following 

post-bankruptcy dates: September 2012 (Date Major 

Delinquency First Reported).

67. The Equifax Dispute Letter further requested that Equifax:

• Immediately delete this account and the disputed derogatory 

information from [Plaintiff’s] credit report.

• The discharged debt should be reported with an account balance 

of $0 with a status of “current”.

• Further, there should be no post-bankruptcy activity reported on 

this account. The date of last activity on this account should predate my bankruptcy filing date, 08/17/2012, since a default on this 

account occurred no later than the Bankruptcy filing date.

• Any post-bankruptcy derogatory information should be 

immediately deleted from [Plaintiff’s] report.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 12 of 21
COMPLAINT 13

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• If [Equifax] do[es] not immediately delete this from 

[Plaintiff’s] credit report, please include a 100-word statement in 

my credit report of all of the disputed information contained in this 

letter regarding this account. 

68. Upon information and belief, Equifax timely notified AMEX of Plaintiff’s 

dispute, but AMEX continued reporting derogatory information.

69. AMEX and Equifax were required to conduct a reinvestigation into this 

specific account on Plaintiff’s consumer report pursuant to 15 U.S.C. 

§1681i.

70. On or about August 7, 2015, Plaintiff received notification from Equifax that 

AMEX and Equifax received notice of Plaintiff’s dispute pursuant to 15 

U.SC. § 1681i(a)(6), and verified the account does not “report any late 

payments.”

71. Surprisingly, rather than remove all the derogatory information from 

Plaintiff’s report, AMEX and Equifax simply left derogatory information on 

Plaintiff’s report. Specifically, AMEX and Equifax reported the following 

inaccurate, derogatory information:

• Account #349991093639XXXX: Post-bankruptcy information 

for the following dates: September 2012 (Date Major 

Delinquency First Reported).

72. AMEX and Equifax, upon receipt of Plaintiff’s dispute, failed to conduct an 

investigation with respect to the disputed information as required by 15 

U.S.C. § 1681s-2(b)(1)(A).

73. AMEX and Equifax failed to review all relevant information provided by 

Plaintiff in the dispute to Equifax, as required by and in violation of 15 

U.S.C. § 1681s-2(b)(1)(B).

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 13 of 21
COMPLAINT 14

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74. Due to AMEX and Equifax’s failure to investigate, they each further failed 

to correct and update Plaintiff’s information as required by 15 U.S.C. § 

1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate 

information in violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

75. Plaintiff’s continued efforts to correct AMEX and Equifax’s erroneous and 

negative reporting of the Debt by communicating Plaintiff’s dispute with 

AMEX and Equifax were fruitless.

76. AMEX and Equifax’s continued inaccurate and negative reporting of the 

Debt in light of its knowledge of the actual error was willful.

77. AMEX and Equifax’s inaccurate and negative reporting damaged Plaintiff’s 

creditworthiness.

78. By inaccurately reporting account information relating to the Debt after 

notice and confirmation of its errors, AMEX and Equifax failed to take the 

appropriate measures as determined in 15 U.S.C. §§ 1681-s(2)(b)(1)(D) and 

(E).

Department Stores National Bank Misreported Credit Information

79. In an Equifax credit report dated July 15, 2015, DSNB reported the 

following inaccurate, derogatory information:

• Account #37748112271XXXX: Post-bankruptcy information 

for the following dates: September 2012 (Date Major 

Delinquency First Reported).

80. DSNB should not have reported derogatory information on Plaintiff’s 

account after August 17, 2012, because Plaintiff filed for Bankruptcy on 

August 17, 2012.

81. On or about July 15, 2015, Plaintiff disputed DSNB’s reported information 

regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Equifax, 

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 14 of 21
COMPLAINT 15

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in writing, of the incorrect and inaccurate credit information furnished by 

DSNB. 

82. Specifically, Plaintiff sent a letter, certified, return receipt, to Equifax (the 

“Equifax Dispute Letter”), requesting the above inaccurate and incorrect 

derogatory information be removed as follows:

• This account was discharged in my Bankruptcy which was filed 

on 08/17/2012 and discharged 01/10/2013, bearing Case No. 

2:12-bk-18542-SSC in the District for Arizona. There should 

be no derogatory reporting after the filing date. Specifically, 

please remove the derogatory information for the following 

post-bankruptcy dates: September 2012 (Date Major 

Delinquency First Reported).

83. The Equifax Dispute Letter further requested that Equifax:

• Immediately delete this account and the disputed derogatory 

information from [Plaintiff’s] credit report.

• The discharged debt should be reported with an account balance 

of $0 with a status of “current”.

• Further, there should be no post-bankruptcy activity reported on 

this account. The date of last activity on this account should predate my bankruptcy filing date, 08/17/2012, since a default on this 

account occurred no later than the Bankruptcy filing date.

• Any post-bankruptcy derogatory information should be 

immediately deleted from [Plaintiff’s] report.

• If [Equifax] do[es] not immediately delete this from 

[Plaintiff’s] credit report, please include a 100-word statement in 

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 15 of 21
COMPLAINT 16

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my credit report of all of the disputed information contained in this 

letter regarding this account. 

84. Upon information and belief, Equifax timely notified DSNB of Plaintiff’s 

dispute, but DSNB continued reporting derogatory information.

85. DSNB and Equifax were required to conduct a reinvestigation into this 

specific account on Plaintiff’s consumer report pursuant to 15 U.S.C. 

§1681i.

86. On or about August 7, 2015, Plaintiff received notification from Equifax that 

DSNB and Equifax received notice of Plaintiff’s dispute pursuant to 15 

U.SC. § 1681i(a)(6), and verified the account does not “report any late 

payments.”

87. Surprisingly, rather than remove all the derogatory information from 

Plaintiff’s report, DSNB and Equifax simply left derogatory information on 

Plaintiff’s report. Specifically, DSNB and Equifax reported the following 

inaccurate, derogatory information:

• Account #37748112271XXXX: Post-bankruptcy information 

for the following dates: September 2012 (Date Major 

Delinquency First Reported).

88. DSNB and Equifax, upon receipt of Plaintiff’s dispute, failed to conduct an 

investigation with respect to the disputed information as required by 15 

U.S.C. § 1681s-2(b)(1)(A).

89. DSNB and Equifax failed to review all relevant information provided by 

Plaintiff in the dispute to Equifax, as required by and in violation of 15 

U.S.C. § 1681s-2(b)(1)(B).

90. Due to DSNB and Equifax’s failure to investigate, they each further failed to 

correct and update Plaintiff’s information as required by 15 U.S.C. § 1681sCase 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 16 of 21
COMPLAINT 17

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2(b)(1)(E), thereby causing continued reporting of inaccurate information in 

violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

91. Plaintiff’s continued efforts to correct DSNB and Equifax’s erroneous and 

negative reporting of the Debt by communicating Plaintiff’s dispute with 

DSNB and Equifax were fruitless.

92. DSNB and Equifax’s continued inaccurate and negative reporting of the 

Debt in light of its knowledge of the actual error was willful.

93. DSNB and Equifax’s inaccurate and negative reporting damaged Plaintiff’s 

creditworthiness.

94. By inaccurately reporting account information relating to the Debt after 

notice and confirmation of its errors, DSNB and Equifax failed to take the 

appropriate measures as determined in 15 U.S.C. §§ 1681-s(2)(b)(1)(D) and 

(E).

Citibank, N.A. Misreported Credit Information

95. In an Equifax credit report dated July 15, 2015, CBNA reported the 

following inaccurate, derogatory information:

• Account #504994852605XXXX: Post-bankruptcy information 

for the following dates: September 2012 (Date Major 

Delinquency First Reported).

96. CBNA should not have reported derogatory information on Plaintiff’s 

account after August 17, 2012, because Plaintiff filed for Bankruptcy on 

August 17, 2012.

97. On or about July 15, 2015, Plaintiff disputed CBNA’s reported information 

regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Equifax, 

in writing, of the incorrect and inaccurate credit information furnished by 

CBNA. 

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 17 of 21
COMPLAINT 18

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98. Specifically, Plaintiff sent a letter, certified, return receipt, to Equifax (the 

“Equifax Dispute Letter”), requesting the above inaccurate and incorrect 

derogatory information be removed as follows:

• This account was discharged in my Bankruptcy which was filed 

on 08/17/2012 and discharged 01/10/2013, bearing Case No. 

2:12-bk-18542-SSC in the District for Arizona. There should 

be no derogatory reporting after the filing date. Specifically, 

please remove the derogatory information for the following 

post-bankruptcy dates: September 2012 (Date Major 

Delinquency First Reported).

99. The Equifax Dispute Letter further requested that Equifax:

• Immediately delete this account and the disputed derogatory 

information from [Plaintiff’s] credit report.

• The discharged debt should be reported with an account balance 

of $0 with a status of “current”.

• Further, there should be no post-bankruptcy activity reported on 

this account. The date of last activity on this account should predate my bankruptcy filing date, 08/17/2012, since a default on this 

account occurred no later than the Bankruptcy filing date.

• Any post-bankruptcy derogatory information should be 

immediately deleted from [Plaintiff’s] report.

• If [Equifax] do[es] not immediately delete this from 

[Plaintiff’s] credit report, please include a 100-word statement in 

my credit report of all of the disputed information contained in this 

letter regarding this account. 

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 18 of 21
COMPLAINT 19

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100. Upon information and belief, Equifax timely notified CBNA of 

Plaintiff’s dispute, but CBNA continued reporting derogatory information.

101. CBNA and Equifax were required to conduct a reinvestigation into 

this specific account on Plaintiff’s consumer report pursuant to 15 U.S.C. 

§1681i.

102. On or about August 7, 2015, Plaintiff received notification from 

Equifax that CBNA and Equifax received notice of Plaintiff’s dispute 

pursuant to 15 U.SC. § 1681i(a)(6), and verified the account does not “report 

any late payments.”

103. Surprisingly, rather than remove all the derogatory information from 

Plaintiff’s report, CBNA and Equifax simply left derogatory information on 

Plaintiff’s report. Specifically, CBNA and Equifax reported the following 

inaccurate, derogatory information:

• Account #504994852605XXXX: Post-bankruptcy information 

for the following dates: September 2012 (Date Major 

Delinquency First Reported).

104. CBNA and Equifax, upon receipt of Plaintiff’s dispute, failed to 

conduct an investigation with respect to the disputed information as required 

by 15 U.S.C. § 1681s-2(b)(1)(A).

105. CBNA and Equifax failed to review all relevant information provided 

by Plaintiff in the dispute to Equifax, as required by and in violation of 15 

U.S.C. § 1681s-2(b)(1)(B).

106. Due to CBNA and Equifax’s failure to investigate, they each further 

failed to correct and update Plaintiff’s information as required by 15 U.S.C. 

§ 1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate 

information in violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 19 of 21
COMPLAINT 20

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107. Plaintiff’s continued efforts to correct CBNA and Equifax’s erroneous 

and negative reporting of the Debt by communicating Plaintiff’s dispute 

with CBNA and Equifax were fruitless.

108. CBNA and Equifax’s continued inaccurate and negative reporting of 

the Debt in light of its knowledge of the actual error was willful.

109. CBNA and Equifax’s inaccurate and negative reporting damaged 

Plaintiff’s creditworthiness.

110. By inaccurately reporting account information relating to the Debt 

after notice and confirmation of its errors, CBNA and Equifax failed to take 

the appropriate measures as determined in 15 U.S.C. §§ 1681-s(2)(b)(1)(D) 

and (E).

FIRST CAUSE OF ACTION

VIOLATION OF THE FAIR CREDIT REPORTING ACT

15 U.S.C. § 1681 ET SEQ. (FCRA)

111. Plaintiff incorporates by reference all of the above paragraphs of this 

Complaint as though fully stated herein.

112. The foregoing acts and omissions constitute numerous and multiple 

willful, reckless or negligent violations of the FCRA, including but not 

limited to each and every one of the above-cited provisions of the FCRA, 15 

U.S.C § 1681.

113. As a result of each and every willful violation of the FCRA, Plaintiff 

is entitled to actual damages as the Court may allow pursuant to 15 U.S.C. § 

1681n(a)(1); statutory damages pursuant to 15 U.S.C. § 1681n(a)(1); 

punitive damages as the Court may allow pursuant to 15 U.S.C. § 

1681n(a)(2); and reasonable attorney’s fees and costs pursuant to 15 U.S.C. 

§ 1681n(a)(3) from Defendants.

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 20 of 21
COMPLAINT 21

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114. As a result of each and every negligent noncompliance of the FCRA, 

Plaintiff is entitled to actual damages as the Court may allow pursuant to 15 

U.S.C. § 1681o(a)(1); and reasonable attorney’s fees and costs pursuant to 

15 U.S.C. § 1681o(a)(2) from Defendants.

PRAYER FOR RELIEF

Plaintiff respectfully requests the Court grant Plaintiff the following relief 

against Defendants:

FIRST CAUSE OF ACTION

VIOLATION OF THE FAIR CREDIT REPORTING ACT

15 U.S.C. § 1681 ET SEQ. (FCRA)

• an award of actual damages pursuant to 15 U.S.C. § 1681n(a)(1);

• award of statutory damages pursuant to 15 U.S.C. § 1681n(a)(1);

• an award of punitive damages as the Court may allow pursuant to 15 

U.S.C. § 1681n(a)(2); 

• award of costs of litigation and reasonable attorney’s fees, pursuant to 15 

U.S.C. § 1681n(a)(3), and 15 U.S.C. § 1681(o)(a)(1) against Defendants 

for each incident of negligent noncompliance of the FCRA; and

• any other relief the Court may deem just and proper.

TRIAL BY JURY

115. Pursuant to the seventh amendment to the Constitution of the United 

States of America, Plaintiff is entitled to, and demands, a trial by jury.

Dated: September 11, 2015 Respectfully submitted,

BY: /S/ RYAN L. MCBRIDE______

RYAN L. MCBRIDE, ESQ.

ATTORNEY FOR PLAINTIFF

Case 2:15-cv-01816-GMS Document 1 Filed 09/11/15 Page 21 of 21