COMPLAINT 1

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

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 

Dacia Pryor, 

 Plaintiff, 

 v. 

Equifax Information Services, 

LLC, Bank of America, N.A.,

Avant, Inc., American Express 

Company, and Wells Fargo Bank, 

N.A.,

 Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

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-02034-GMS Document 1 Filed 10/09/15 Page 1 of 19
COMPLAINT 2

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

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. DACIA PRYOR (“Plaintiff”), by Plaintiff’s attorneys, brings this action to 

challenge the actions of EQUIFAX INFORMATION SERVICES, LLC

(“Equifax”), BANK OF AMERICA, N.A. (“BoA”), AVANT, INC. 

(“Avant”), AMERICAN EXPRESS COMPANY (“AMEX”), and WELLS 

FARGO BANK, N.A. (“Wells Fargo”) (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-02034-GMS Document 1 Filed 10/09/15 Page 2 of 19
COMPLAINT 3

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. 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 foreign limited liability company doing business in 

the State of Arizona.

13. Defendant BoA is a corporation registered with the Arizona Secretary of 

State and doing business in the State of Arizona. 

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 3 of 19
COMPLAINT 4

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

15. Defendant AMEX is a corporation doing business in the State of Arizona.

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

17. Defendants BoA, Avant, AMEX and Wells Fargo 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. 

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

Arizona, with a principal place of business in Georgia.

GENERAL ALLEGATIONS

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

Arizona.

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

21. On or about March 17, 2015, Plaintiff filed for a Chapter 7 Bankruptcy in 

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

case was assigned Case Number 2:15-bk-02837 (the “Bankruptcy”) in order 

to obtain a fresh start and rebuild her credit.

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

Bankruptcy and Defendants, the Creditors, received notice of the 

Bankruptcy.

23. On or about June 29, 2015, Plaintiff received a Bankruptcy discharge.

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

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

25. 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.

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

Bankruptcy.

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 4 of 19
COMPLAINT 5

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

27. 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.

28. 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. 

29. 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, inaccurate, and negative 

credit information in Plaintiff’s credit files.

30. The continued reporting of erroneous, inaccurate, and derogatory 

information negatively impacted Plaintiff’s credit and her “fresh start”.

BoA Misreported Credit Information

31. In an Equifax credit report dated August 9, 2015, BoA reported the 

following inaccurate, derogatory information:

• Account No. 488894199776XXXX: Post-bankruptcy 

information for the following dates: April 2015 (Date Major 

Delinquency First Reported).

• Account No. 37463399977XXXX: Post-bankruptcy 

information for the following dates: April 2015 (Date Major 

Delinquency First Reported).

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

after March 17, 2015, because Plaintiff filed for Bankruptcy on March 17, 

2015.

33. On or about August 12 2015, Plaintiff disputed BoA’s reported information 

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

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 5 of 19
COMPLAINT 6

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

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

BoA. 

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 #488894199776XXXX: This account was discharged 

in my Bankruptcy which was filed on 03/17/2015 and 

discharged 06/29/2015, bearing Case No. 2:15-bk-02837-GBN 

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: 

April 2015 (Date Major Delinquency First Reported).

• Account #37463399977XXXX: This account was discharged in 

my Bankruptcy which was filed on 03/17/2015 and discharged 

06/29/2015, bearing Case No. 2:15-bk-02837-GBN 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: April 2015 

(Date Major Delinquency First Reported).

35. The Equifax Dispute Letter further requested that Equifax:

• This 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”.

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 6 of 19
COMPLAINT 7

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

• 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, 03/17/2015, 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. 

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

dispute, but BoA continued reporting derogatory information.

37. BoA 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 September 9, 2015, Plaintiff received notification from Equifax

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

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

any late payments”. 

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

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

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

inaccurate, derogatory information:

• Account #488894199776XXXX: Post-bankruptcy information 

for the following dates: April 2015 (Date Major Delinquency 

First Reported).

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 7 of 19
COMPLAINT 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

• Account #37463399977XXXX: Post-bankruptcy information 

for the following dates: April 2015 (Date Major Delinquency 

First Reported).

40. BoA 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. BoA 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 BoA 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 BoA and Equifax’s erroneous and 

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

BoA and Equifax were fruitless.

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

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

45. BoA 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, BoA and Equifax failed to take the 

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

(E).

Avant Misreported Credit Information

47. In an Equifax credit report dated August 9, 2015, Avant reported the 

following inaccurate, derogatory information:

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 8 of 19
COMPLAINT 9

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

• Account #12XXXX: Post-bankruptcy information for the 

following dates: Current Status: 120+ Days Past Due; 

Comments Section: account is 180 Days past due.

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

account after March 17, 2015, because Plaintiff filed for Bankruptcy on 

March 17, 2015.

49. On or about August 12, 2015, Plaintiff disputed Avant’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 Avant. 

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:

• Account #12XXXX: This account was discharged in my 

Bankruptcy which was filed on 03/17/2015 and discharged 

06/29/2015, bearing Case No. 2:15-bk-02837-GBN in the 

District for Arizona. There should be no derogatory reporting 

after the filing date. Specifically, please remove the Current 

Status, which is reporting as 120+ Days Past Due; in addition, 

remove the Comments that state the account is 180 Days past 

due.

51. The Equifax Dispute Letter further requested that Equifax:

• Immediately delete this account and the disputed derogatory 

information from [Plaintiff’s] credit report.

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 9 of 19
COMPLAINT 10

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

• 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, 03/17/2015, 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. 

52. Upon information and belief, Equifax timely notified Avant of Plaintiff’s 

dispute, but Avant continued reporting derogatory information.

53. Avant 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 September 9, 2015, Plaintiff received notification from Equifax

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

U.SC. § 1681i(a)(6), and verified the “current status is being reported 

correctly.” 

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

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

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

inaccurate, derogatory information:

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 10 of 19
COMPLAINT 11

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

• Account #12XXXX: Current Status: Over 120 Days Past Due; 

ADDITIONAL INFORMATION: 180 Days or More Past due.

56. Avant 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).

57. Avant 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).

58. Due to Avant 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).

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

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

Avant and Equifax were fruitless.

60. Avant and Equifax’s continued inaccurate and negative reporting of the Debt 

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

61. Avant 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, Avant and Equifax failed to take the 

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

(E).

AMEX Misreported Credit Information

63. In an Equifax credit report dated August 9, 2015, AMEX reported the 

following inaccurate, derogatory information:

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 11 of 19
COMPLAINT 12

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

• Account #349991052220XXXX: Post-bankruptcy information 

for the following dates: April 2015 (Date Major Delinquency 

First Reported).

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

account after March 17, 2015, because Plaintiff filed for Bankruptcy on 

March 17, 2015.

65. On or about August 12, 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:

• Account #349991052220XXXX: This account was discharged 

in my Bankruptcy which was filed on 03/17/2015 and 

discharged 06/29/2015, bearing Case No. 2:15-bk-02837-GBN 

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: 

April 2015 (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”.

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 12 of 19
COMPLAINT 13

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

• 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, 03/17/2015, 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. 

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 September 9, 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 #349991052220XXXX: Post-bankruptcy information 

for the following dates: April 2015 (Date Major Delinquency 

First Reported).

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 13 of 19
COMPLAINT 14

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

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.SC. § 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.SC. § 1681s-2(b)(1)(B).

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).

Wells Fargo Misreported Credit Information

79. In an Equifax credit report dated August 9, 2015, Wells Fargo reported the 

following inaccurate, derogatory information:

• Account #758305XXXX: Post-bankruptcy information for the 

following dates: April 2015 (Date Major Delinquency First 

Reported).

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 14 of 19
COMPLAINT 15

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

• Account #446542017782XXXX: Post-bankruptcy information 

for the following dates: April 2015 (Date Major Delinquency 

First Reported).

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

account after March 17, 2015, because Plaintiff filed for Bankruptcy on 

March 17, 2015.

81. On or about August 12, 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. 

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:

• Account #758305XXXX: This account was discharged in my 

Bankruptcy which was filed on 03/17/2015 and discharged 

06/29/2015, bearing Case No. 2:15-bk-02837-GBN 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: April 2015 

(Date Major Delinquency First Reported).

• Account #446542017782XXXX: This account was discharged 

in my Bankruptcy which was filed on 03/17/2015 and 

discharged 06/29/2015, bearing Case No. 2:15-bk-02837-GBN 

in the District for Arizona. There should be no derogatory 

reporting after the filing date. Specifically, please remove the 

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 15 of 19
COMPLAINT 16

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

derogatory information for the following post-bankruptcy dates: 

April 2015 (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, 03/17/2015, 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. 

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

Plaintiff’s dispute, but Wells Fargo continued reporting derogatory 

information.

85. 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.

86. On or about September 9, 2015, Plaintiff received notification from Equifax 

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

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 16 of 19
COMPLAINT 17

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

to 15 U.SC. § 1681i(a)(6), and verified both accounts do “not report any late 

payments.”

87. 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 #758305XXXX: Post-bankruptcy information for the 

following dates: April 2015 (Date Major Delinquency First 

Reported).

• Account #446542017782XXXX: Post-bankruptcy information 

for the following dates: April 2015 (Date Major Delinquency 

First Reported).

88. 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.SC. § 1681s-2(b)(1)(A).

89. 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.SC. § 1681s-2(b)(1)(B).

90. 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).

91. 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.

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 17 of 19
COMPLAINT 18

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

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

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

93. Wells Fargo 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, 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).

FIRST CAUSE OF ACTION

VIOLATION OF THE FAIR CREDIT REPORTING ACT

15 U.S.C. § 1681 ET SEQ. (FCRA)

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

Complaint as though fully stated herein.

96. 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.

97. 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.

98. 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.

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 18 of 19
COMPLAINT 19

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

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

99. 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: October 9, 2015 Respectfully submitted,

BY: /S/ RYAN L. MCBRIDE______

RYAN L. MCBRIDE, ESQ.

ATTORNEY FOR PLAINTIFF

Case 2:15-cv-02034-GMS Document 1 Filed 10/09/15 Page 19 of 19