COMPLAINT 1

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PRICE LAW GROUP, APC

David A. Chami, AZ #027585

1204 E Baseline Rd., Suite 102

Tempe, AZ 85283

P: 866-881-2133

Fax: 866-401-1457

david@pricelawgroup.com

Attorney for Plaintiffs Rose and Robert Tapia

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

ROSE and ROBERT TAPIA,

Plaintiffs, vs.

NATIONSTAR MORTGAGE LLC; 

TRANS UNION LLC; EXPERIAN 

INFORMATION SOLUTIONS, INC.; 

and EQUIFAX INC.

Defendants.

Case No.:

COMPLAINT AND DEMAND FOR 

JURY TRIAL FOR VIOLATIONS 

OF:

1. THE FAIR CREDIT REPORTING 

ACT [15 USC § 1681 et. seq.]; 

2. THE FAIR DEBT COLLECTION 

PRACTICES ACT [15 USC 1692 et. 

seq.]

INTRODUCTION

1. Rose and Robert Tapia (“Plaintiffs”) bring this action to secure redress from 

Nationstar Mortgage LLC (“Nationstar”), Trans Union LLC (“TransUnion”), 

Experian Information Solutions Inc. (“Experian”), and Equifax Inc. 

(“Equifax”) (herein collectively as “Defendants”) for violations of the Fair 

Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et. seq., the Fair Debt 

Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et. seq., and their 

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 1 of 13
COMPLAINT 2

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agents for their illegal reporting on Plaintiff’s credit reports and in their illegal 

efforts to collect an alleged consumer debt from Plaintiffs. 

PARTIES

2. Plaintiffs Rose and Robert Tapia (hereinafter “Plaintiffs”) are consumers,

natural persons allegedly obligated to pay a debt, and citizens of the United 

States of America who presently reside in: Maricopa County, Arizona.

3. Defendant, Nationstar is a mortgage company that offers servicing, origination, 

and transaction-based real estate services, including homeowners, home 

buyers, home sellers, investors, and other real estate market participants.

Nationstars domicile is located in Wilmington, Delaware and regularly 

transacts business throughout the United States including Arizona. Defendant 

Nationstar can be served through its registered agent Corporation Service 

Company located at 2338 W Royal Palm Rd., Suite-J, Phoenix Arizona 85021.

4. Defendant engages in the practice of furnishing consumer information to 

consumer reporting agencies, and is therefore a “furnisher of information” as 

contemplated by 15 U.S.C. § 1681s-2(a) & (b). In addition, Defendant 

Nationstar engages in the practice of collecting debt as defined in 15 U.S.C. 

1692a(6). 

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 2 of 13
COMPLAINT 3

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5. Defendant, TransUnion is a credit reporting agency, as defined in 15 USC 

1681a(f) and RCW 19.182.010(5). On information and belief, Defendant is 

regularly engaged in the business of assembling, evaluating, and disbursing 

information concerning consumers for the purpose of furnishing consumer 

reports, as defined in 15 USC 1681a(d), to third parties. Trans Union can be 

served through its registered agent Prentice-Hall Corp System located at 2338 

W Royal Palm Rd., Suite-J, Phoenix Arizona 85021.

6. Defendant, Experian is a credit reporting agency, as defined in 15 USC 

1681a(f) and RCW 19.182.010(5). On information and belief, Defendant is 

regularly engaged in the business of assembling, evaluating, and disbursing 

information concerning consumers for the purpose of furnishing consumer 

reports, as defined in 15 USC 1681a(d), to third parties. Experian can be 

served through its registered agent CT Corporation System located at 3800 N 

Central Ave., Suite 460, Phoenix Arizona 85012.

7. Defendant, Equifax is a credit reporting agency, as defined in 15 USC 1681a(f)

and RCW 19.182.010(5). On information and belief, Defendant is regularly 

engaged in the business of assembling, evaluating, and disbursing information 

concerning consumers for the purpose of furnishing consumer reports, as 

defined in 15 USC 1681a(d), to third parties. Equifax can be served through its 

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 3 of 13
COMPLAINT 4

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registered agent Prentice-Hall Corp System located at 2338 W Royal Palm Rd., 

Suite-J, Phoenix Arizona 85021.

8. On information and belief, Defendants TransUnion, Experian, and Equifax

disburse the consumer reports to third parties under contract for monetary 

compensation. 

9. At all relevant times, Defendants acted through duly authorized agents, 

employees, officers, members, directors, heirs, successors, assigns, principals, 

trustees, sureties, subrogees, representatives, and insurers.

JURISDICTION

10.The District Court has federal question jurisdiction over these claims pursuant 

to 28 U.S.C. § 1331 and 15 U.S.C. 1681.

11.Venue in this District is proper pursuant to 28 U.S.C. § 1391(b)(2) in that a 

substantial part of the events or omissions giving rise to the claim occurred in 

this District. Because Defendants transact business here, personal jurisdiction 

is established.

12. In or around the year 2006 Plaintiffs decided to purchase a home located at 

1197 East Barcelona Ave., Casa Grande Arizona 85222 (hereinafter the 

“Property”). 

FACTUAL ALLEGATIONS

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 4 of 13
COMPLAINT 5

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13. In or around January 2007, Plaintiffs requested two home loans through Bank 

of America for the Property. First loan account number ending in 1376 and 

Second loan account number ending in 8517.

14. On or about June 1, 2009 Plaintiffs stopped making payments to Bank of 

America due to financial setbacks and the collapse of the real estate market. 

15. Plaintiffs listed the Property in attempt to sell the home. 

16. Due to the decrease of the Property value, Plaintiffs decided to short sale the 

home through Bank of America. 

17. On or about October 28, 2011 a short sale approval letter (“Letter”) was issued 

to Plaintiffs. Bank of America would collect approximately $32,289 on the first 

lien and approximately $1,297 on the second lien. 

18. The Letter stated that Bank of America N.A. would waive its right to pursue 

collection of any deficiency following the completion of the short sale and 

Plaintiff’s debts are considered settled (Exhibit A: Short Sale Approval Letter). 

19. On or about November 7, 2011 the settlement was completed. (Exhibit B: 

HUD Settlement Statement).

20. Sometime during the debt settlement with Bank of America, the accounts were

transferred to The Bank of New York Mellon, N.A.; Nationstar acted as the 

mortgage loan servicer.

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COMPLAINT 6

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21. Plaintiffs began receiving collection letters from Nationstar; Loan account 

number 612113210 (“Account”).

22. The letters were an attempt to collect on a debt that no longer existed. The 

collection was in regards to the loan through Bank of America (Exhibit C: 

Nationstar Mortgage Collection Letter).

23. Plaintiffs also began receiving calls from Nationstar on or about January 5, 

2015.

24. Plaintiffs informed Nationstar agent the debt no longer existed and faxed 

documents supporting their statement to fax number 469-464-0629.

25. In or around April 2015, Plaintiffs decided to review their credit reports. 

26. Upon reviewing their credit reports they realized that the Account was still 

reporting as an open account with a balance of approximately $21,000.

27. On or about May 12, 2015, Plaintiffs disputed the Account with Nationstar, 

Trans Union, Experian and Equifax. 

28. Plaintiffs sent the dispute letter to Nationstar by certified mail. The letter was 

tracked through USPS and delivered to Nationstar on May 23, 2015.

29. Plaintiffs both received a separate response from Experian on or about May 

28, 2015. Experian responded to both Plaintiffs disputes claiming the disputes 

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 6 of 13
COMPLAINT 7

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were suspicious and Experian refused to investigate the claim or to consider 

any future written disputes. 

30. Plaintiffs did not receive responses from Nationstar, Trans Union or Equifax.

31. On or about August 3, 2015, Plaintiffs once again disputed the Account and 

similarly sent letters to Trans Union, Experian and Equifax; all by certified 

mail.

32. Trans Union, Experian and Equifax all responded to the second round of 

disputes from August 3, 2015 by refusing to correct the inaccurately reported 

data from their individual credit reports. 

Defendant Nationstar 

FIRST CAUSE OF ACTION

Violations of the FCRA, 15 U.S.C. § 1681 et. seq.

33.Plaintiffs incorporate by reference all of the above paragraphs of this 

Complaint as though fully stated herein.

34.The FCRA requires a furnisher such as Nationstar, after receiving notice from 

a credit reporting agency that a consumer disputes information that is being 

reported by that furnisher, to conduct an investigation with respect to the 

disputed information, to review all relevant information, to report the results of 

the investigation to the credit reporting agency, and, if the investigation reveals 

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COMPLAINT 8

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that the information is incomplete or inaccurate, to report those results to all 

other credit reporting agencies to which the furnisher has provided the 

inaccurate information. 

35. From in or around January 2014 until the Present, Nationstar has provided 

inaccurate information to the credit reporting agencies.

36.During that time, Plaintiffs notified Defendants TransUnion Experian, and 

Equifax that their reports concerning Defendant Nationstar were inaccurate. 

Thereafter, the credit reporting agencies notified Defendant Nationstar that 

Plaintiffs were disputing the information it had furnished to the credit reporting 

agencies. 

37.Defendant Nationstar violated sections 1681n and 1681o of the FCRA by 

engaging in the following conduct that violates 15 U.S.C. § 1681s-2(a), (b):

(a) Willfully and negligently failing to conduct an investigation of the 

inaccurate information that Plaintiffs disputed;

(b) Willfully and negligently failing to review all relevant information 

concerning Plaintiffs mortgage;

(c) Willfully and negligently failing to report the results of investigations 

to the relevant consumer reporting agencies;

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 8 of 13
COMPLAINT 9

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(d) Willfully and negligently failing to report the inaccurate status of the 

inaccurate information to all credit reporting agencies;

(e) Willfully and negligently failing to properly participate, investigate 

and comply with the reinvestigations that were conducted by any and 

all credit reporting agencies concerning the inaccurate information 

disputed by Plaintiffs;

(f) Willfully and negligently continuing to furnish and disseminate 

inaccurate and derogatory credit, account and other information 

concerning both Plaintiffs to the credit reporting agencies; and

(g) Willfully and negligently failing to comply with the requirements 

imposed on furnishers of information pursuant to 15 U.S.C. § 1681s2(a), (b).

38.Defendant Nationstar’s conduct was a direct and proximate cause, as well as a 

substantial factor, in causing serious injuries, damages and harm to both 

Plaintiffs that are outlined more fully above, and as a result, Defendant is liable 

to compensate both Plaintiffs for the full amount of statutory, actual and 

punitive damages, along with attorneys’ fees and costs, as well as other such 

relief, permitted by 15 U.S.C. § 1681n. 

//

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 9 of 13
COMPLAINT 10

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Defendant Nationstar

SECOND CAUSE OF ACTION

Violations of the FDCPA, 15 USC 1692 et. seq.

39.Plaintiffs incorporate by reference all of the above paragraphs of this 

Complaint as though fully stated herein.

40.The FDCPA provides that a “debt collector may not use any false, deceptive, 

or misleading representation or means with the collection of any debt.” 15 

U.S.C. § 1692e. Furthermore, a debt collector will be found in violation if the 

following conduct is determined: a false representation of “the character, 

amount, or legal status of any debt” 15 U.S.C. § 1692e(2)(a). 

41.From the date of January 2014 till on or around June 2015, Defendant 

Nationstar continued to report a balance of approximately $21,000 to all three 

major credit reporting agencies in an attempt to collect a debt from both

Plaintiffs. 

42.Defendant Nationstar’s reporting of the balance was a false representation of 

amount and legal status of the debt. 

43.Defendant Nationstar’s conduct was a direct and proximate cause, as well as a 

substantial factor, in causing serious injuries, damages and harm to Plaintiffs

that are outlined more fully above, and as a result, Defendant is liable to 

compensate both Plaintiffs for the full amount of statutory, actual and punitive 

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COMPLAINT 11

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damages, along with attorneys’ fees and costs, as well as other such relief, 

permitted by 15 U.S.C. § 1692k. 

44.Defendant Nationstar violated 15 U.S.C. 1692e(2(a) by sending a collection 

letters and calling Plaintiffs demanding payment for a debt that was not owed.

Defendants TransUnion, Experian and Equifax

THIRD CAUSE OF ACTION

Violations of the FCRA, 15 U.S.C. § 1681 et. seq.

45.Plaintiffs incorporate by reference all of the above paragraphs of this 

Complaint as though fully stated herein. 

46.The FCRA provides that if the completeness or accuracy of any item of 

information contained in a consumer’s file at a consumer reporting agency is 

disputed by the consumer and the consumer notifies the agency directly of such 

dispute, the agency shall conduct a reasonable reinvestigation to determine 

whether the disputed information is inaccurate, or delete the item from the file 

within thirty (30) days of receiving the consumer’s dispute notice. 15 U.S.C. § 

1681i(a)(2)(A).

47.The Act further requires the credit reporting agency, within 5 business days of 

receiving notice of the consumer’s dispute, to provide notification of the 

dispute to the person who furnished the information in dispute and requires the 

credit reporting agency to “include all relevant information regarding the 

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COMPLAINT 12

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dispute that the agency received from the consumer.” 15 U.S.C. § 

1681i(a)(2)(A). In conducting its reinvestigation of disputed information in a 

consumer report, the credit-reporting agency is required to “review and 

consider all relevant information submitted by the consumer.” 

48.The Defendants, credit-reporting agencies, failed to conduct a reasonable 

reinvestigation of the inaccuracy that the Plaintiffs disputed. 

49.The Defendants, credit-reporting agencies, failed to review and consider all 

relevant information submitted by Plaintiffs. 

50.The Defendants, credit reporting agencies, failed to employ and follow 

reasonable procedures to assure maximum possible accuracy of both Plaintiffs 

credit reports, information, and file, in violation of 15 U.S.C. § 1681e(b).

51.As a result of the above-described violations of § 1681i and § 1681e(b), 

Plaintiffs have sustained damages.

52.The Defendants, credit-reporting agencies, violations of the FCRA were willful 

and therefore Plaintiffs are entitled to seek statutory and punitive damages. 

REQUEST FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that judgment be entered 

against Defendant for the following:

A. Actual damages pursuant to 15 U.S.C. §§ 1681n and 1681o and 1692k(1);

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COMPLAINT 13

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B. Statutory damages pursuant to 15 U.S.C. § 1692k(2)(a);

C. Costs and reasonable attorney’s fees pursuant to 15 U.S.C. §§ 1681n and 

1681o and 1692k(3);

D. Any pre-judgment and post judgment interest as may be allowed under the 

law; and

E. For such other and further relief as the Court may deem just and proper. 

DEMAND FOR JURY TRIAL

Please take notice that Plaintiffs demand a trial by jury in this action.

DATED this 24th

PRICE LAW GROUP, APC

day of September, 2015,

By: 

David A. Chami

/s/David A. Chami ’ 

Attorney for Plaintiffs Rose and Robert Tapia

Case 2:15-cv-01923-DLR Document 1 Filed 09/24/15 Page 13 of 13