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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,

Christopher Hutchison

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Christopher Hutchison,

Plaintiff,

vs.

Experian Information Solutions, Inc., an 

Ohio corporation;

Educational Credit Management Corp.,

a foreign corporation; and

Midland Funding, LLC, a

foreign L.L.C.

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

Case 2:15-cv-02351-SPL Document 1 Filed 11/19/15 Page 1 of 10
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NOW COMES THE PLAINTIFF, CHRISTOPHER HUTCHISON, BY AND 

THROUGH COUNSEL, Nicholas Nowicki, and for his Complaint against the 

Defendants, plead as follows:

JURISDICTION

1. This court has jurisdiction under the Fair Debt Collection Practices Act 15 

U.S.C. §1692 et seq., (“FDCPA”), the Fair Credit Reporting Act, 15 U.S.C. 

§1681 et. seq (“FCRA” ), 15 U.S.C. §1692k(d) and 28 U.S.C. §§1331,1337.

VENUE

2. The transactions and occurrences which give rise to this action occurred in the 

Town of Queen Creek, Maricopa County, Arizona. 

3. Venue is proper in the District of Arizona, Phoenix Division. 

PARTIES

4. The Defendants to this lawsuit are:

a. Experian Information Solutions, Inc. (“Experian”), an Ohio corporation 

that maintains a registered agent in Maricopa County, Arizona;

b. Educational Credit Management Corp. (“ECMC”), which, upon 

information and belief, maintains its offices in Minnesota; and

c. Midland Funding, LLC (“Midland”), a foreign L.L.C. that maintains a 

registered agent in Maricopa County, Arizona.

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GENERAL ALLEGATIONS

5. Defendant ECMC is attempting to collect four consumer type debts allegedly 

owed by Plaintiff to Bank One Education Finance Group. They are listed as 

follows:

d. Account Number: 889135XXXX, in the amount of $3,229.00;

e. Account Number: 889135XXXX, in the amount of $3,552.00;

f. Account Number: 889135XXXX, in the amount of $960.00; and

g. Account Number 889135XXXX, in the amount of $4,529.00

2. Defendant Midland is attempting to collect a consumer type debt allegedly 

owed by Plaintiff to Barclays Bank. The account number is 855692XXXX with 

a balance of $6,784.00.

3. On or about March 11, 2015, Mr. Hutchison obtained his credit files and 

noticed the above alleged debts listed as trade lines (“Errant Trade Lines”) 

reported by ECMC and Midland Funding. 

4. On or about March 24, 2015, Mr. Hutchison submitted letters to Experian, 

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

the Errant Trade Lines reported by ECMC and Midland Funding.

5. On or about April 7, 2015, Mr. Hutchison received a letter from Experian 

stating that it had received a suspicious request and that it would not be 

initiating any disputes based on the suspicious correspondence. Experian 

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further stated that it would apply this same policy to any further suspicious 

requests that it would receive, in violation of the FCRA.

6. On or about August 7, 2015, Mr. Hutchison obtained his Equifax and Trans 

Union credit files. These showed that Defendant ECMC only reported the 

alleged debt with account number 889135XXXX in the amount of $4,529.00 as 

disputed. 

7. The remaining three ECMC trade lines do not state “Consumer Disputes” on 

Mr. Hutchison’s Equifax and Trans Union credit files, in violation of the 

FDCPA.

8. Mr. Hutchison’s Equifax and Trans Union credit files dated August 7, 2015

further showed that Midland Funding failed to report the word “disputed” on its 

trade line with account number 855692XXXX, in violation of the FDCPA.

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

DEFENDANT EXPERIAN

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

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

published and otherwise reproduced consumer reports regarding Mr. Hutchison

as that term is defined in 15 USC 1681a.

11.Such reports contained information about Mr. Hutchison that was false, 

misleading, and inaccurate.

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12.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. Hutchison, in violation of 15 USC 

1681e(b).

13. After receiving Mr. Hutchison’s consumer disputes to the Errant Trade Lines, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

15.Experian is liable to Mr. Hutchison 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 II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY DEFENDANT EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mr. Hutchison

as that term is defined in 15 USC 1681a.

18.Such reports contained information about Mr. Hutchison that was false, 

misleading, and inaccurate.

19.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. Hutchison, in violation of 15 USC 

1681e(b).

20. After receiving Mr. Hutchison’s consumer disputes to the Errant Trade Lines, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

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

along with costs, interest, and attorneys’ fees. 

COUNT III

VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT AS TO 

DEFENDANTS ECMC AND MIDLAND

23.Plaintiff reincorporates the preceding allegations by reference.

24.At all relevant times, Defendants, in the ordinary course of their business, 

regularly engaged in the practice of collecting debts on behalf of other 

individuals or entities.

25.Plaintiff is a "consumer" for purposes of the FDCPA, and the accounts at issue 

in this case are for a consumer debt.

26.Defendants are each a "debt collector" under the Fair Debt Collection Practices 

Act ("FDCPA"), 15 U.S.C. §1692a(6).

27.The Defendants’ foregoing acts in attempting to collect this alleged debt 

violated the following provisions of the FDCPA:

a. 15 U.S.C. §1692e(8) by failing to communicate that a disputed debt is 

disputed. Defendants did this when they failed to properly communicate 

on Mr. Hutchison’s Equifax and Trans Union credit files that the above 

listed Errant Trade Lines were disputed.

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28.The Plaintiff has suffered economic, emotional, general, and statutory damages 

as a result of these violations of the FDCPA.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Defendants ECMC and Midland for actual damages, costs, interest, and 

attorneys’ fees. 

DEMAND FOR JUDGMENT RELIEF

Accordingly, Plaintiff requests that the Court grant him the following relief against

Defendants ECMC and Midland:

a. Actual damages;

b. Statutory damages; and

c. Statutory costs and attorneys’ fees.

JURY DEMAND

Plaintiff hereby demands a trial by Jury. 

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

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Attorneys for Plaintiff,

Christopher Hutchison

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