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 

undermine the public confidence, which is essential to the continued 

Leonard Joel Ceder,

 Plaintiff, 

 v. 

Equifax Information Services, 

LLC, Barclays Bank Delaware, 

Capital One Bank USA, N.A., and 

Chase Bank USA, 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-01633-DJH Document 1 Filed 08/21/15 Page 1 of 16
COMPLAINT 2

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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. LEONARD JOEL CEDER (“Plaintiff”), by Plaintiff’s attorneys, brings this 

action to challenge the actions of EQUIFAX INFORMATION SERVICES, 

LLC (“Equifax”), BARCLAYS BANK DELAWARE (“Barclays”), 

CAPITAL ONE BANK USA, N.A. (“Capital One”), and CHASE BANK 

USA, N.A. (“Chase”) (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.

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 

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 2 of 16
COMPLAINT 3

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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 Barclays is a bank doing business in the State of Arizona. 

14. Defendant Capital One is a National Bank doing business in the State of 

Arizona. 

15. Defendant Chase is a bank doing business in the State of Arizona.

16. Defendants Barclays, Capital One, and Chase are furnishers of information 

as contemplated by 15 U.S.C. § 1681s-2(b) that regularly and in the ordinary 

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 3 of 16
COMPLAINT 4

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course of business furnish information to a consumer credit reporting 

agency. 

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

Arizona, with a principal place of business in Georgia.

GENERAL ALLEGATIONS

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

Arizona.

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

20. On or about October 16, 2014, Plaintiff filed for Bankruptcy in the United 

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

assigned Case Number 2:14-bk-15638-EPB (the “Bankruptcy”).

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

Bankruptcy and Defendants, the Creditors, received notice of the 

Bankruptcy.

22. On or about January 23, 2015, Plaintiff received a Bankruptcy discharge.

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

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

24. 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.

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

Bankruptcy.

26. 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.

27. 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. 

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 4 of 16
COMPLAINT 5

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28. 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.

Barclays Misreported Credit Information

29. In an Equifax credit report dated May 6, 2015, Barclays reported the 

following inaccurate, derogatory information:

• Account No. 11511525****: Post-bankruptcy information for 

the following dates: December 2014 (Date Major Delinquency 

First Reported).

30. Barclays should not have reported derogatory information on Plaintiff’s 

account after October 16, 2014, because Plaintiff filed for Bankruptcy on 

October 16, 2014.

31. On or about May 29, 2015, Plaintiff disputed Barclays’ 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 

Barclays. 

32. 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 10/16/2014 and discharged 01/23/2015, bearing case No. 

2:14-bk-15638-EPB in the District for Arizona. The balance on 

this account should be “$0” and the status should be reporting 

as “current”. Specifically, you show the Date Major 

Delinquency First Reported as 12/2014.

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COMPLAINT 6

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33. The Equifax Dispute Letter further requested that Equifax:

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• 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, 10/16/2014, 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. 

35. Upon information and belief, Equifax timely notified Barclays of Plaintiff’s 

dispute, but Barclays continued reporting derogatory information.

36. Barclays and Equifax were required to conduct a reinvestigation into this 

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

§1681i.

37. On or about June 16, 2015, Plaintiff received notification from Equifax that 

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

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 6 of 16
COMPLAINT 7

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

late payments.”

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

Plaintiff’s report, Barclays and Equifax simply left derogatory information 

on Plaintiff’s report. Specifically, Barclays and Equifax reported the 

following inaccurate, derogatory information:

• Account #11511525 : Post-bankruptcy information for the 

following dates: December 2014 (Date Major Delinquency 

First Reported).

39. Barclays 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).

40. Barclays 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).

41. Due to Barclays 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).

42. Plaintiff’s continued efforts to correct Barclays and Equifax’s erroneous and 

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

Barclays and Equifax were fruitless.

43. Barclays and Equifax’s continued inaccurate and negative reporting of the

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

44. Barclays and Equifax’s inaccurate and negative reporting damaged 

Plaintiff’s creditworthiness.

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 7 of 16
COMPLAINT 8

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

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

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

(E).

Capital One Misreported Credit Information

46. In an Equifax credit report dated May 6, 2015, Capital One reported the 

following inaccurate, derogatory information:

• Account #549110001039** **: Post-bankruptcy information 

for the following dates: December 2014 (Date Major 

Delinquency First Reported).

• Account #426932000227 : Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

• Account #412174831066** **: Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

• Account #486236250038 : Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

47. Capital One should not have reported derogatory information on Plaintiff’s 

account after October 16, 2014, because Plaintiff filed for Bankruptcy on 

October 16, 2014.

48. On or about May 29, 2015, Plaintiff disputed Capital One’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 Capital One. 

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 8 of 16
COMPLAINT 9

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49. 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:

• These accounts were discharged in my Bankruptcy which was 

filed on 10/16/2014 and discharged 01/23/2015, bearing case

No. 2:14-bk-15638-EPB in the District for Arizona. The 

balance on this account should be “$0” and the status should be 

reporting as “current”. Specifically, for account number 

549110001039** **, you show the Date Major Delinquency 

First Reported as 12/2014. For account numbers 

426932000227 , 412174831066** **, and 

486236250038  you show the Date Major Delinquency 

First Reported as 11/2014. Both of these dates are after I filed 

for Bankruptcy on 10/16/2014.

50. 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, 10/16/2014, since a default on this 

account occurred no later than the Bankruptcy filing date.

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 9 of 16
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. 

51. Upon information and belief, Equifax timely notified Capital One of 

Plaintiff’s dispute, but Capital One continued reporting derogatory 

information.

52. Capital One and Equifax were required to conduct a reinvestigation into this 

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

§1681i.

53. On or about June 16, 2015, Plaintiff received notification from Equifax that 

Capital One 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.”

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

Plaintiff’s report, Capital One and Equifax simply left derogatory 

information on Plaintiff’s report. Specifically, Capital One and Equifax

reported the following inaccurate, derogatory information:

• Account #549110001039** **: Post-bankruptcy information 

for the following dates: December 2014 (Date Major 

Delinquency First Reported).

• Account #426932000227 : Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 10 of 16
COMPLAINT 11

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• Account #412174831066** **: Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

• Account #486236250038 : Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

55. Capital One 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).

56. Capital One 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).

57. Due to Capital One 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).

58. Plaintiff’s continued efforts to correct Capital One and Equifax’s erroneous 

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

with Capital One and Equifax were fruitless.

59. Capital One and Equifax’s continued inaccurate and negative reporting of 

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

60. Capital One and Equifax’s inaccurate and negative reporting damaged 

Plaintiff’s creditworthiness.

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

notice and confirmation of its errors, Capital One and Equifax failed to take 

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

and (E).

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 11 of 16
COMPLAINT 12

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Chase Misreported Credit Information

62. In an Equifax credit report dated May 6, 2015, Chase reported the following 

inaccurate, derogatory information:

• Account #541657282344** **: Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported). 

• Account #464018206354 : Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

63. Chase should not have reported derogatory information on Plaintiff’s 

account after October 16, 2014, because Plaintiff filed for Bankruptcy on 

October 16, 2014.

64. On or about May 29, 2015, Plaintiff disputed Chase’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 

Chase. 

65. 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:

• These accounts were discharged in my Bankruptcy which was 

filed on 10/16/2014 and discharged 01/23/2015, bearing case 

No. 2:14-bk-15638-EPB in the District for Arizona. The 

balance on these accounts should be “$0” and the status should 

be reporting as “current”. Specifically, for account numbers 

541657282344** ** and 464018206354 , you show the 

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COMPLAINT 13

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Date Major Delinquency First Reported as 11/2014. This is 

after I filed for Bankruptcy on 10/16/2014.

66. 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, 10/16/2014, 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. 

67. Upon information and belief, Equifax timely notified Chase of Plaintiff’s 

dispute, but Chase continued reporting derogatory information.

68. Chase and Equifax were required to conduct a reinvestigation into this 

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

§1681i.

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COMPLAINT 14

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69. On or about June 16, 2015, Plaintiff received notification from Equifax that 

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

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

payments.”

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

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

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

inaccurate, derogatory information:

• Account #541657282344** **: Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported). 

• Account #464018206354****: Post-bankruptcy information 

for the following dates: November 2014 (Date Major 

Delinquency First Reported).

71. Chase 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).

72. Chase 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).

73. Due to Chase 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).

74. Plaintiff’s continued efforts to correct Chase and Equifax’s erroneous and 

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

Chase and Equifax were fruitless.

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 14 of 16
COMPLAINT 15

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75. Chase and Equifax’s continued inaccurate and negative reporting of the Debt 

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

76. Chase and Equifax’s inaccurate and negative reporting damaged Plaintiff’s 

creditworthiness.

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

notice and confirmation of its errors, Chase 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)

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

Complaint as though fully stated herein.

79. 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.

80. 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.

81. 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.

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COMPLAINT 16

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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

82. 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: August 21, 2015 Respectfully submitted,

BY: /S/ RYAN L. MCBRIDE______

RYAN L. MCBRIDE, ESQ.

ATTORNEY FOR PLAINTIFF

Case 2:15-cv-01633-DJH Document 1 Filed 08/21/15 Page 16 of 16