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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,

David Kennedy,

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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David Kennedy,

Plaintiff,

vs.

Experian Information Solutions, Inc.

an Ohio corporation;

Trans Union, LLC, 

a Delaware company;

Target Corporate Services, Inc.,

a Minnesota corporation;

Midland Funding, LLC,

a California corporation;

Bank of America, National Association, 

a North Carolina national association; and

Elan Financial Services, 

a foreign corporation;

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMANDED

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NOW COMES THE PLAINTIFF, DAVID KENNEDY, BY AND THROUGH 

COUNSEL, Nicholas Nowicki, 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. §1681p., 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 Glendale, 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 

corporation that maintains a registered agent in Maricopa County, 

Arizona;

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

maintains a registered agent in Maricopa County, Arizona;

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c. Target Corporate Services, Inc. (“Target”) which is a Minnesota 

corporation that maintains a registered agent in Maricopa County, 

Arizona;

d. Midland Funding, LLC (“Midland”) which is a California corporation 

that maintains a registered agent in Maricopa County, Arizona;

e. Bank of America, National Association (“Bank of America”) which is a 

North Carolina national association that maintains a registered agent in 

Maricopa County, Arizona; and 

f. Elan Financial Services (“Elan”) which is a foreign corporation that 

maintains its offices in Missouri. 

GENERAL ALLEGATIONS

6. Target is reporting multiple charge offs on its trade line with account number

435237760366XXXX on Plaintiff’s Trans Union and Experian credit files. 

7. Further, Bank of America is reporting its trade line with account number 

87230**** on Plaintiff’s Experian credit file and Elan is reporting its trade line 

with account number 403766000687**** on Plaintiff’s Experian credit file 

with multiple charge offs. 

8. These multiple charge offs convey to any user or prospective user of Mr. 

Kennedy’s credit reports that not only did a charge off occur on a particular 

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date, but for several months thereafter. These repetitive charge off notations are 

far more punitive and misleading than informative. Indeed, they are misleading 

and create a false impression of Mr. Kennedy’s credit to any user or prospective 

user.

9. The above trade lines are hereinafter referred to as “Errant Trade Lines.” 

10.Finally, Midland Funding LLC is reporting its trade line with account number 

856248XXXX (“Bogus Trade Line”) on Mr. Kennedy’s Trans Union and 

Experian credit files over a debt that he does not owe in the amount of 

$3,235.00. The debt, which is the subject of the Bogus Trade Line, is regarding 

a Dell computer. Mr. Kennedy received this computer and it was broken. Dell 

attempted to fix it multiple times and never did, so he requested Dell to pick it 

up or provide return shipping of the faulty computer. No more responses were 

made from Dell to Mr. Kennedy. The computer was and is out of service. 

11.On or about March 3, 2015, Mr. Kennedy obtained his Experian and Trans 

Union credit files and noticed the Bogus Trade Line.

12.Shortly thereafter, Mr. Kennedy, submitted letters to Experian and Trans Union 

disputing the Bogus Trade Line.

13.Upon information and belief, Experian and Trans Union forwarded Mr. 

Kennedy’s disputes to Midland. 

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14.On or about March 21, 2015, Mr. Kennedy received Experian’s dispute results 

which showed that Midland retained the Bogus Trade Line. Further, Mr. 

Kennedy noticed multiple charge offs on the Errant Trade Lines. 

15.On or about September 24, 2015, Mr. Kennedy, submitted letters to Experian 

and Trans Union disputing the multiple charge offs on the Errant Trade Lines

and disputing the Bogus Trade Line, requesting its removal.

16.Upon information and belief, Experian and Trans Union forwarded Mr. 

Kennedy’s disputes to Midland, Target, Bank of America and Elan.

17.On or about October 26, 2015, Mr. Kennedy received Trans Union’s 

investigation results which showed that Midland retained the Bogus Trade Line 

and that Target retained the multiple charge offs on the Errant Trade Line.

18. On or about November 16, 2015, Mr. Kennedy obtained his Experian credit file 

which revealed that Bank of America, Elan, and Target retained the multiple 

charge offs on the Errant Trade Lines. Further, Mr. Kennedy’s Experian credit 

file showed that Midland retained the Bogus Trade Line.

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY TARGET

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

20.After being informed by Experian and Trans Union of Mr. Kennedy’s consumer 

dispute regarding the Errant Trade Line, Target negligently failed to conduct a 

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proper reinvestigation of Mr. Kennedy’s disputes as required by 15 USC 1681s2(b). 

21.Target negligently failed to review all relevant information available to it and 

provided by Experian and Trans Union in conducting its reinvestigation as 

required by 15 USC 1681s-2(b). Specifically, it failed to direct Experian and 

Trans Union to remove the multiple charge offs from its Errant Trade Line from 

Mr. Kennedy’s consumer credit files. 

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

Mr. Kennedy’s consumer credit file with Experian and Trans Union to which it 

is reporting such trade line.

23.As a direct and proximate cause of Target’s negligent failure to perform its 

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

suffering, humiliation, and embarrassment.

24.Target is liable to Mr. Kennedy 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. 

25.Mr. Kennedy has a private right of action to assert claims against Target arising 

under 15 USC 1681s-2(b).

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WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

TARGET

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

27.After being informed by Trans Union and Experian that Mr. Kennedy disputed 

the accuracy of the information it was providing, Target willfully failed to 

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

28.Target willfully failed to review all relevant information available to it and 

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

29.As a direct and proximate cause of Target’s willful failure to perform its 

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

anguish, suffering, humiliation, and embarrassment.

30.Target is liable to Mr. Kennedy 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.

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WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Target 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 MIDLAND

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

32.After being informed by Experian and Trans Union of Mr. Kennedy’s consumer 

disputes regarding its Bogus Trade Line, Midland negligently failed to conduct 

a proper reinvestigation of Mr. Kennedy’s disputes as required by 15 USC 

1681s-2(b). 

33.Midland negligently failed to review all relevant information available to it and 

provided by Experian and Trans Union in conducting its reinvestigation as 

required by 15 USC 1681s-2(b). Specifically, it failed to direct Experian and 

Trans Union to remove the Bogus Trade Line from Mr. Kennedy’s consumer 

credit files. 

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

Mr. Kennedy’s consumer credit file with Experian and Trans Union to which it 

is reporting such trade line.

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35.As a direct and proximate cause of Midland’s negligent failure to perform its 

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

suffering, humiliation, and embarrassment.

36.Midland is liable to Mr. Kennedy 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. 

37.Mr. Kennedy has a private right of action to assert claims against Midland

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

COUNT IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

MIDLAND

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

39.After being informed by Experian and Trans Union that Mr. Kennedy disputed 

the accuracy of the information it was providing, Midland willfully failed to 

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

40.Midland willfully failed to review all relevant information available to it and 

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

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41.As a direct and proximate cause of Midland’s willful failure to perform its 

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

anguish, suffering, humiliation, and embarrassment.

42.Midland is liable to Mr. Kennedy 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 Midland for the greater of statutory or actual damages, plus punitive damages, 

along with costs, interest, and attorneys’ fees.

COUNT V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY BANK OF AMERICA

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

44.After being informed by Experian of Mr. Kennedy’s consumer dispute 

regarding its Errant Trade Line, Bank of America negligently failed to conduct 

a proper reinvestigation of Mr. Kennedy’s disputes as required by 15 USC 

1681s-2(b). 

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45.Bank of America 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 offs from its Errant Trade Line from Mr. Kennedy’s consumer 

credit file. 

46.The Errant Trade Lines is inaccurate and creating a misleading impression on 

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

trade line.

47.As a direct and proximate cause of Bank of America’s negligent failure to 

perform its duties under the FCRA, Mr. Kennedy has suffered damages, mental 

anguish, suffering, humiliation, and embarrassment.

48.Bank of America is liable to Mr. Kennedy 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. 

49.Mr. Kennedy has a private right of action to assert claims against Bank of 

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Bank of America for damages, costs, interest, and attorneys’ fees.

COUNT VI

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WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

BANK OF AMERICA

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

51.After being informed by Experian that Mr. Kennedy disputed the accuracy of 

the information it was providing, Bank of America willfully failed to conduct a 

proper reinvestigation of Mr. Kennedy’s dispute. 

52.Bank of America willfully failed to review all relevant information available to 

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

53.As a direct and proximate cause of Bank of America’s willful failure to perform 

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

mental anguish, suffering, humiliation, and embarrassment.

54.Bank of America is liable to Mr. Kennedy 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 Bank of America for the greater of statutory or actual damages, plus punitive 

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

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COUNT VII

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY ELAN

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

56.After being informed by Experian of Mr. Kennedy’s consumer dispute 

regarding its Errant Trade Line, Elan negligently failed to conduct a proper 

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

57.Elan 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 offs from its Errant Trade Line from Mr. Kennedy’s consumer credit 

file. 

58.The Errant Trade Lines is inaccurate and creating a misleading impression on 

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

trade line.

59.As a direct and proximate cause of Elan’s negligent failure to perform its duties 

under the FCRA, Mr. Kennedy has suffered damages, mental anguish, 

suffering, humiliation, and embarrassment.

60.Elan is liable to Mr. Kennedy 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. 

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61.Mr. Kennedy has a private right of action to assert claims against Elan arising 

under 15 USC 1681s-2(b).

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

COUNT VIII

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

ELAN

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

63.After being informed by Experian that Mr. Kennedy disputed the accuracy of 

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

reinvestigation of Mr. Kennedy’s dispute. 

64.Elan willfully failed to review all relevant information available to it and 

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

65.As a direct and proximate cause of Elan’s willful failure to perform its 

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

anguish, suffering, humiliation, and embarrassment.

66.Elan is liable to Mr. Kennedy 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 

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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 Elan 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 

EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mr. Kennedy

as that term is defined in 15 USC 1681a.

69.Such reports contained information about Mr. Kennedy that was false, 

misleading, and inaccurate.

70.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. Kennedy, in violation of 15 USC 1681e(b).

71. After receiving Mr. Kennedy’s consumer disputes to the Errant Trade Lines

and the Bogus Trade Line, Experian negligently failed to conduct a reasonable 

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

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

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

anguish and suffering, humiliation, and embarrassment.

73.Experian is liable to Mr. Kennedy 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 X

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

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

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

published and otherwise reproduced consumer reports regarding Mr. Kennedy

as that term is defined in 15 USC 1681a.

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

and inaccurate.

77.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. Kennedy, in violation of 15 USC 1681e(b).

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78. After receiving Mr. Kennedy’s consumer disputes to the Errant Trade Lines

and the Bogus Trade Line, Experian willfully failed to conduct a reasonable 

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

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

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

anguish and suffering, humiliation, and embarrassment.

80.Experian is liable to Mr. Kennedy 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.

COUNT XI

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY TRANS UNION

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

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

published, and otherwise reproduced consumer reports regarding Mr. Kennedy, 

as that term is defined in 15 USC 1681a.

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83.Such reports contained information about Mr. Kennedy that was false, 

misleading, and inaccurate.

84.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. Kennedy, in violation of 15 USC 1681e(b).

85. After receiving Mr. Kennedy’s consumer disputes to the Errant Trade Line and 

the Bogus Trade Line, Trans Union negligently failed to conduct a reasonable 

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

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

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

anguish and suffering, humiliation, and embarrassment.

87.Trans Union is liable to Mr. Kennedy 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 the 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

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

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

published, and otherwise reproduced consumer reports regarding Mr. Kennedy

as that term is defined in 15 USC 1681a.

90.Such reports contained information about Mr. Kennedy that was false, 

misleading, and inaccurate.

91.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. Kennedy, in violation of 15 USC 1681e(b).

92. After receiving Mr. Kennedy’s consumer disputes to the Errant Trade Line and 

the Bogus Trade Line, Trans Union willfully failed to conduct a reasonable 

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

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

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

anguish and suffering, humiliation, and embarrassment.

94.Trans Union is liable to Mr. Kennedy 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. 

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WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Defendant Trans Union for the greater of statutory or actual damages, plus 

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

JURY DEMAND

Plaintiff hereby demands a trial by Jury.

DATED: December 3, 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,

David Kennedy

Case 2:15-cv-02458-DLR Document 1 Filed 12/03/15 Page 21 of 22
Case 2:15-cv-02458-DLR Document 1 Filed 12/03/15 Page 22 of 22