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

1

Nicholas R. Nowicki

AZ Lic. # 029740

McDonough & Nowicki PLLC

3011 36th Avenue South, #6

Minneapolis, MN 55406

Telephone: 612-217-0257

Email: nik@mcnowick.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,

Asad Ehtisham,

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 1 of 23
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

2

Asad Ehtisham,

Plaintiff,

vs.

Experian Information Solutions, Inc., 

an Ohio corporation,

Equifax Information Services, LLC

a Georgia corporation,

Trans Union, LLC,

a Delaware limited liability company,

Advance Audio, Inc.,

a Kansas company,

CCM Enterprises, LLC,

a Kansas company,and

Porsche Cars North America,

a Georgia Corporation.

Defendant.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

NOW COMES THE PLAINTIFF, ASAD EHTISHAM, BY AND THROUGH 

COUNSEL, Nicholas R. Nowicki and for his Complaint against the Defendants, 

pleads as follows:

JURISDICTION

1. Jurisdiction of this court arises under 15 U.S.C. §1681p, 15 U.S.C. §1692k(d) 

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”]).

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 2 of 23
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

3

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

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

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

maintains a registered agent in Maricopa County, Arizona; 

d. Advance Audio, Inc, (“Advance Audio”) which is a Kansas company that 

maintains its registered offices in Wichita, Kansas;

e. CCM Enterprises, LLC (“CCM”) which is a Kansas company that 

maintains a registered office in Cochise County, Arizona; and

f. Porsche Cars North America (“Porsche”) which is a Georgia company 

that maintains a registered agent in Maricopa County, Arizona.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 3 of 23
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

4

GENERAL ALLEGATIONS

6. Defendants Advance Audio, Porsche, and CCM are reporting their trade lines 

(“Errant Trade Lines”) on Plaintiff’s credit files with the following erroneous 

information:

a. Advance Audio is misreporting its Errant Trade Line with account 

number 913970434XXXX on Mr. Ehtisham’s Trans Union credit file 

with erroneous language indicating that it was a collection account. This 

is false as Mr. Ehtisham paid Advance Audio directly in full on March 

30, 2010. The debt, which is the subject of this trade line, was transferred 

to a collection agency, CCM, on April 1, 2010, after it had already been 

paid directly to Advance Audio on March 30, 2010.

b. Porsche is misreporting its Errant Trade Line with account number 

11005XXXX on Mr. Ehtisham’s Experian credit file with language 

stating that the account was charged-off. This is false as Mr. Ehtisham

was always timely in making payments regarding this Errant Trade Line. 

c. CCM is reporting its trade line with account number 913970434XXXX 

(“Bogus Trade Line”) on Mr. Ehtisham’s Experian and Equifax credit 

files. The debt, allegedly owed to Advance Audio which is the subject of 

this Errant Trade Line, was paid directly in full on March 30, 2010 to 

Advance Audio, prior to it being opened with CCM.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 4 of 23
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

5

7. Sometime prior to March 22, 2015, Mr. Ehtisham obtained his credit files and 

noticed the Errant Trade Lines and the Bogus Trade Line.

8. On or about March 22, 2015, Mr. Ehtisham submitted a letter to Experian, 

Equifax, and Trans Union (“Credit Reporting Agencies” or “CRAs”) disputing 

the Errant Trade Lines and Bogus Trade Line.

9. Upon information and belief, the CRAs transmitted Mr. Ehtisham’s consumer 

dispute to Advance Audio, CCM, and Porsche.

10.On or about August 4, 2015, Mr. Ehtisham submitted another letter to the CRAs 

disputing the Errant Trade Lines and the Bogus Trade Line. 

11.Upon information and belief, the CRAs transmitted Mr. Ehtisham’s second 

consumer dispute to Advance Audio, CCM, and Porsche.

12.On or about September 20, 2015, Mr. Ehtisham obtained his credit files and 

noticed the following:

a. CCM Enterprises retained its Bogus Trade Line on Mr. Ehtisham’s 

Experian and Equifax credit files.

b. Porsche retained the language “was a charge-off” on its Errant Trade 

Line on Mr. Ehtisham’s Experian credit file.

c. Advance Audio retained language stating “collection account” on its 

Errant Trade Line on Mr. Ehtisham’s Trans Union credit file.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 5 of 23
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

6

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY ADVANCE AUDIO

13.Plaintiff realleges the above paragraphs as if recited verbatim.

14.After being informed by Trans Union that Mr. Ehtisham disputed the accuracy 

of the information it was providing, Advance Audio negligently failed to 

conduct a proper reinvestigation of Mr. Ehtisham’s dispute. 

15.Advance Audio negligently failed to review all relevant information available 

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

Specifically it failed to direct Trans Union to remove the language indicating 

that the account is a collection account from the Errant Trade Line.

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

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

such trade line.

17.As a direct and proximate cause of Advance Audio’s negligent failure to 

perform its respective duties under the FCRA, Mr. Ehtisham has suffered 

damages, mental anguish, suffering, humiliation and embarrassment.

18.Advance Audio is liable to Mr. Ehtisham 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.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 6 of 23
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

7

19.Mr. Ehtisham has a private right of action to assert claims against Advance 

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment

against Advance Audio for damages, costs, interest and attorneys’ fees in the amount 

of less than twenty five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorney’s fees.

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

ADVANCE AUDIO

20.Plaintiff realleges the above paragraphs as if recited verbatim.

21.After being informed Trans Union that Mr. Ehtisham disputed the accuracy of 

the information it was providing, Advance Audio willfully failed to conduct a 

proper reinvestigation of Mr. Ehtisham’s dispute. 

22.Advance Audio willfully failed to review all relevant information available to it 

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

23.As a direct and proximate cause of Advance Audio’s willful failure to perform 

its respective duties under the FCRA, Mr. Ehtisham has suffered damages, 

mental anguish, suffering, humiliation and embarrassment.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 7 of 23
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

8

24.Advance Audio is liable to Mr. Ehtisham 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 and he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

damages, along with costs, interest and attorneys’ fees in the amount of less than 

twenty five thousand dollars ($25,000.00) exclusive of costs, interest and attorney’s 

fees.

COUNT III

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY CCM

25.Plaintiff realleges the above paragraphs as if recited verbatim.

26.After being informed by Experian and Equifax that Mr. Ehtisham disputed the 

accuracy of the information it was providing, CCM negligently failed to 

conduct a proper reinvestigation of Mr. Ehtisham’s dispute as required by 15 

USC 1681s-2(b).

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

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

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 8 of 23
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

9

Specifically, it failed to direct Experian and Equifax to remove the Bogus Trade 

Line.

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

Mr. Ehtisham’s consumer credit files with Experian and Equifax to which it is 

reporting such trade line.

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

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

anguish, suffering, humiliation and embarrassment.

30. CCM is liable to Mr. Ehtisham by reason of its violations of the FCRA in an 

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

fees and he may recover therefore pursuant to 15 USC 1681o.

31.Mr. Ehtisham has a private right of action to assert claims against CCM arising 

under 15 USC 1681s-2(b).

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment

against CCM for damages, costs, interest and attorneys’ fees in the amount of less 

than twenty five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorney’s fees.

COUNT IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY CCM

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 9 of 23
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

10

32.Plaintiff realleges the above paragraphs as if recited verbatim.

33.After being informed Experian and Equifax that Mr. Ehtisham disputed the 

accuracy of the information it was providing, CCM willfully failed to conduct a 

proper reinvestigation of Mr. Ehtisham’s dispute. 

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

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

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

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

anguish, suffering, humiliation and embarrassment.

36.CCM is liable to Mr. Ehtisham 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 and he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

along with costs, interest and attorneys’ fees in the amount of less than twenty five 

thousand dollars ($25,000.00) exclusive of costs, interest and attorney’s fees.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 10 of 23
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

11

COUNT V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY PORSCHE

37.Plaintiff realleges the above paragraphs as if recited verbatim.

38.After being informed by Experian that Mr. Ehtisham disputed the accuracy of 

the information it was providing, Porsche negligently failed to conduct a proper 

reinvestigation of Mr. Ehtisham’s dispute as required by 15 USC 1681s-2(b).

39.Porsche negligently failed to review all relevant information available to it and 

provided by the CRAs as required by 15 USC 1681s-2(b). Specifically, it failed 

to direct Experian to remove the language indicating the account was a chargeoff.

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

Mr. Ehtisham’s consumer credit files with Experian to which it is reporting 

such trade line.

41.As a direct and proximate cause of Porsche’s negligent failure to perform its 

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

anguish, suffering, humiliation and embarrassment.

42. Porsche is liable to Mr. Ehtisham by reason of its violations of the FCRA in an 

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

fees and he may recover therefore pursuant to 15 USC 1681o.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 11 of 23
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

12

43.Mr. Ehtisham has a private right of action to assert claims against Porsche 

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment

against Porsche for damages, costs, interest and attorneys’ fees in the amount of less 

than twenty five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorney’s fees.

COUNT VI

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

PORSCHE

44.Plaintiff realleges the above paragraphs as if recited verbatim.

45.After being informed by Experian that Mr. Ehtisham disputed the accuracy of 

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

reinvestigation of Mr. Ehtisham’s dispute. 

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

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

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 12 of 23
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

13

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

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

anguish, suffering, humiliation and embarrassment.

48.Porsche is liable to Mr. Ehtisham 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 and he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

along with costs, interest and attorneys’ fees in the amount of less than twenty five 

thousand dollars ($25,000.00) exclusive of costs, interest and attorney’s fees.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 13 of 23
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

14

COUNT VII

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EXPERIAN

49.Plaintiff realleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Ehtisham

as that term is defined in 15 USC 1681a.

51.Such reports contained information about Mr. Ehtisham 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. Ehtisham, in violation of 15 USC 1681e(b).

53. After receiving Mr. Ehtisham’s consumer dispute to the Errant Trade Lines and 

Bogus Trade Line, 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. Ehtisham has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

55.Experian is liable to Mr. Ehtisham 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. 

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 14 of 23
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

15

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 realleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Ehtisham

as that term is defined in 15 USC 1681a.

58.Such reports contained information about Mr. Ehtisham 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. Ehtisham, in violation of 15 USC 1681e(b).

60. After receiving Mr. Ehtisham’s consumer dispute to the Errant Trade Lines and 

Bogus Trade Line, Experian willfully failed to conduct a reasonable 

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

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

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

anguish and suffering, humiliation, and embarrassment.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 15 of 23
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

16

62.Experian is liable to Mr. Ehtisham 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 Experian for the greater of statutory or actual damages, plus punitive damages, 

along with costs, interest, and attorneys’ fees. 

COUNT IX

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

63.Plaintiff realleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Ehtisham

as that term is defined in 15 USC 1681a.

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

misleading, and inaccurate.

66.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. Ehtisham, in violation of 15 USC 1681e(b).

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 16 of 23
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

17

67. After receiving Mr. Ehtisham’s consumer dispute to the Errant Trade Lines and 

Bogus Trade Line, Equifax negligently failed to conduct a reasonable 

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

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

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

anguish and suffering, humiliation, and embarrassment.

69.Equifax is liable to Mr. Ehtisham 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 Equifax for actual damages, costs, interest, and attorneys’ fees. 

COUNT X

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

70.Plaintiff realleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Ehtisham

as that term is defined in 15 USC 1681a.

72.Such reports contained information about Mr. Ehtisham that was false, 

misleading, and inaccurate.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 17 of 23
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

18

73.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. Ehtisham, in violation of 15 USC 1681e(b).

74. After receiving Mr. Ehtisham’s consumer dispute to the Errant Trade Lines and 

Bogus Trade Line, Equifax willfully failed to conduct a reasonable 

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

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

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

and suffering, humiliation, and embarrassment.

76.Equifax is liable to Mr. Ehtisham 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 Equifax for the greater of statutory or actual damages, plus punitive damages, 

along with costs, interest, and attorneys’ fees. 

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 18 of 23
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

19

COUNT XI

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY TRANS UNION

77.Plaintiff realleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Ehtisham

as that term is defined in 15 USC 1681a.

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

misleading, and inaccurate.

80.Trans Union 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. Ehtisham, in violation of 15 USC 1681e(b).

81. After receiving Mr. Ehtisham’s consumer dispute to the Errant Trade Line, 

Trans Union negligently failed to conduct a reasonable reinvestigation as 

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

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

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

anguish and suffering, humiliation, and embarrassment.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 19 of 23
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

20

83.Trans Union is liable to Mr. Ehtisham 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 XII

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY TRANS UNION

84.Plaintiff realleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Ehtisham

as that term is defined in 15 USC 1681a.

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

misleading, and inaccurate.

87.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. Ehtisham, in violation of 15 USC 1681e(b).

88. After receiving Mr. Ehtisham’s consumer dispute to the Errant Trade Line, 

Trans Union willfully failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 20 of 23
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

21

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

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

anguish and suffering, humiliation, and embarrassment.

90.Trans Union is liable to Mr. Ehtisham 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 Trans Union for the greater of statutory or actual damages, plus punitive 

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

JURY DEMAND

Plaintiff hereby demands a trial by Jury. 

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 21 of 23
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

22

DATED: November 19, 2015 McDonough & Nowicki PLLC

By: /s/ Nicholas R. Nowicki 

Nicholas R. Nowicki

AZ Lic. # 029740

McDonough & Nowicki PLLC

3011 36th Avenue South, #6

Minneapolis, MN 55406

Telephone: 612-217-0257

Email: nik@mcnowick.com

Attorneys for Plaintiff,

Asad Ehtisham

Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 22 of 23
Case 2:15-cv-02362-JAT Document 1 Filed 11/19/15 Page 23 of 23