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TRINETTE 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,

Philip Baruffi

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Philip Baruffi,

Plaintiff,

vs.

EXPERIAN INFORMATION 

SOLUTIONS, INC.

an Ohio corporation,

and NEW JERSEY HIGHER 

EDUCATION STUDENT ASSISTANCE 

AUTHORITY,

a New Jersey Administrative Agency,

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMANDED

Case 2:15-cv-01991-SRB Document 1 Filed 10/06/15 Page 1 of 9
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NOW COMES THE PLAINTIFF, PHILIP BARUFFI, 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. §1681 et seq., 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 Phoenix, 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

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

b. New Jersey Higher Education Student Assistance Authority 

(“NJHESAA”), which is a New Jersey Administrative Agency.

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GENERAL ALLEGATIONS

6. NJHESAA is misreporting its trade line with account number 15384**** 

(“Errant Trade Line”) on Mr. Baruffi’s Experian credit file with multiple charge 

offs.

7. The student loan that is the subject of the Errant Trade Line (“Errant Trade Line 

Account”) was consolidated in about April 2014 with other loans and into a 

new account (“Consolidated Loan Account”). There is presently no amount 

due on the Errant Trade Line Account. 

8. Sometime in October 2014, Mr. Baruffi obtained his Experian credit file and 

noticed that NJHESAA was misreporting the Errant Trade Line Account as a

“charged off” every single month from May 2012 to April 2014. Again, the 

Errant Trade Line Account was not charged off, but consolidated.

9. In response, Plaintiff submitted a letter to Experian, disputing the Errant Trade 

Line. 

10.On or about April 1, 2015, Mr. Baruffi obtained his Experian credit file again 

and noticed that NJHESAA continued to report the Errant Trade Line Account 

with multiple “charge offs.”

11.Upon information and belief, Defendant Experian forwarded Mr. Baruffi’s 

dispute to Defendant NJHESAA.

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12.On or about April 13, 2015, Mr. Baruffi submitted a second letter to Experian, 

disputing the multiple “charge off” language on the Errant Trade Line. 

13.Upon information and belief, Defendant Experian forwarded Mr. Baruffi’s 

dispute to Defendant NJHESAA.

14.On or about September 2, 2015, Mr. Baruffi obtained his Experian credit file,

which showed that NJHESAA continued to misreport the Errant Trade Line 

with multiple “charge off” language between the months of May 2012 and 

April 2014.

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY NJHESAA

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

16.After being informed by Experian of the Plaintiff’s consumer dispute regarding 

the Errant Trade Line, NJHESAA negligently failed to conduct a proper 

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

17.NJHESAA negligently failed to review all relevant information available to it 

and provided by Experian in conducting its reinvestigation as required by 15 

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

multiple “charge off” language from the Errant Trade Line.

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

Mr. Baruffi’s consumer credit file with Experian to which it is reporting such 

trade line.

19.As a direct and proximate cause of NJHESAA’s negligent failure to perform its 

duties under the FCRA, Mr. Baruffi has suffered damages, mental anguish, 

suffering, humiliation, and embarrassment.

20.NJHESAA is liable to Mr. Baruffi 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. 

21.Mr. Baruffi has a private right of action to assert claims against NJHESAA

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

NJHESAA

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

23.After being informed by Experian that Mr. Baruffi disputed the accuracy of the 

information it was providing, NJHESAA willfully failed to conduct a proper 

reinvestigation of Mr. Baruffi’s dispute. 

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24.NJHESAA willfully failed to review all relevant information available to it and 

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

25.As a direct and proximate cause of NJHESAA’s willful failure to perform its 

respective duties under the FCRA, Mr. Baruffi has suffered damages, mental 

anguish, suffering, humiliation, and embarrassment.

26.NJHESAA is liable to Mr. Baruffi 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 NJHESAA 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 

EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mr. Baruffi as 

that term is defined in 15 USC 1681a.

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29.Such reports contained information about Mr. Baruffi that was false, 

misleading, and inaccurate.

30.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. Baruffi, in violation of 15 USC 1681e(b).

31. After receiving Mr. Baruffi’s consumer dispute to the Errant Trade Line, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

33.Experian is liable to Mr. Baruffi 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 IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

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

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

published and otherwise reproduced consumer reports regarding Mr. Baruffi as 

that term is defined in 15 USC 1681a.

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

and inaccurate.

37.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. Baruffi, in violation of 15 USC 1681e(b).

38. After receiving Mr. Baruffi’s consumer dispute to the Errant Trade Line, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

40.Experian is liable to Mr. Baruffi 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.

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JURY DEMAND

Plaintiff hereby demands a trial by Jury.

DATED: September 30, 2015 NITZKIN & ASSOCIATES

By: /s/ Trinette G. Kent 

Trinette G. Kent

Attorneys for Plaintiff,

Philip Baruffi

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