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TRINETTE G. KENT (State Bar No. 025180)

KENT LAW OFFICES

10645 North Tatum Blvd., Suite 200-192

Phoenix, AZ 85028 

Telephone: (480) 247-9644

Facsimile: (480) 717-4781

E-mail: tkent@kentlawpc.com

Attorneys for Plaintiff,

Merillin La Rue,

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Merillin La Rue,

Plaintiff,

vs.

Experian Information Solutions, Inc., 

an Ohio corporation,

Wells Fargo Bank, National Association, a 

California corporation, and

XCeed Financial Credit Union, a foreign 

corporation,

Defendants.

Case No.: 2:15-cv-01995-SRB

FIRST AMENDED COMPLAINT

JURY TRIAL DEMAND

Case 2:15-cv-01995-SRB Document 22 Filed 12/29/15 Page 1 of 12
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NOW COMES THE PLAINTIFF, MERILLIN LA RUE, BY AND THROUGH 

COUNSEL, TRINETTE G. KENT, and for her First Amended Complaint against the

Defendants, pleads as follows:

JURISDICTION

1. Jurisdiction of this court arises under 15 U.S.C. §1681p, 15 U.S.C. §1692k(d) 

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 Phoenix, Maricopa County, Arizona. 

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

PARTIES

5. The Defendants to this lawsuit are as follows:

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

company that maintains a registered agent in Maricopa County, Arizona.;

b. Wells Fargo Bank, National Association (“Wells Fargo”) which is a 

California corporation; and

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c. XCeed Financial Credit Union (“Xceed”) which is a foreign company 

that, upon information and belief, maintains its offices in California.

GENERAL ALLEGATIONS

6. On or about March 19, 2015, Plaintiff obtained her Experian credit file and 

noticed inaccuracies on the following trade lines (“Errant Trade Lines”): 

a. Amex, Account Number: 349990931798 

b. Bank of America, Account Number: 6817010106XXXX 

c. Bank of America, Account Number: 488893199682XXXX 

d. Bank of America, Account Number: 549050099865XXXX

e. Best Serv Co, Account Number: 1155 

f. Chase, Account Number: 475054504090 

g. Discover, Account Number: 601100997060 

h. Midland Credit Management, Account Number: 854667XXXX 

i. South Mountain Justice, Account Number: CC2010112037 

j. Xceed, Account Number: 6102XXXX; and 

k. Wells Fargo, Account Number: 446542010552. 

7. On or about April 21, 2015, Mrs. La Rue submitted a letter to Experian 

disputing the Errant Trade Lines.

8. On or about May 21, 2015, Mrs. La Rue submitted another letter to Experian 

disputing the Errant Trade Lines.

9. On or about June 3, 2015, Mrs. La Rue received a letter from Experian stating 

that it received a suspicious request and determined that it was not sent by Mrs. 

La Rue. Experian stated that it would not be initiating any disputes based on the 

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suspicious correspondence and that it would apply this same policy to any 

future suspicious requests that it received.

10.Experian refused to investigate Mrs. La Rue’s dispute, in violation of the Fair 

Credit Reporting Act. 

11.On or about August 25, 2015, Mrs. La Rue obtained a new Experian credit file 

and noticed that Wells Fargo and XCeed continued to report multiple charge 

offs on the Errant Trade Lines.

12.On or about September 15, 2015, Mrs. La Rue submitted yet another letter to 

Experian disputing the multiple charge offs on the Errant Trade Lines.

13.Upon information and belief, Experian transmitted Mrs. La Rue’s third

consumer dispute to Wells Fargo and XCeed. 

14.On or about October 14, 2015, Mrs. La Rue received Experian’s investigation 

results which showed that both Wells Fargo and XCeed obtained the multiple 

charge offs on the Errant Trade Lines.

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COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mrs. La Rue

as that term is defined in 15 USC 1681a.

17.Such reports contained information about Mrs. La Rue that was false, 

misleading, and inaccurate.

18.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 Mrs. La Rue, in violation of 15 USC 1681e(b).

19. After receiving Mrs. La Rue’s consumer dispute to the Errant Trade Lines, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

duties under the FCRA, Mrs. La Rue has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

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21.Experian is liable to Mrs. La Rue by reason of its violation of the FCRA in an 

amount to be determined by the trier fact together with her reasonable 

attorneys’ fees pursuant to 15 USC 1681o. 

WHEREFORE, PLAINTIFF PRAYS that this court grant her a judgment 

against Experian for actual damages, costs, interest, and attorneys’ fees. 

COUNT III

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mrs. La Rue

as that term is defined in 15 USC 1681a.

24.Such reports contained information about Mrs. La Rue that was false, 

misleading, and inaccurate.

25.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 Mrs. La Rue, in violation of 15 USC 1681e(b).

26. After receiving Mrs. La Rue’s consumer dispute to the Errant Trade Lines, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

duties under the FCRA, Mrs. La Rue has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

28.Experian is liable to Mrs. La Rue by reason of its violations of the FCRA in an 

amount to be determined by the trier of fact together with her reasonable 

attorneys’ fees pursuant to 15 USC 1681n. 

WHEREFORE, PLAINTIFF PRAYS that this court grant her a judgment 

against Experian 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 WELLS FARGO

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

30.After being informed by Experian of the Plaintiff’s consumer dispute to the 

Errant Trade Line, Wells Fargo negligently failed to conduct a proper 

investigation of Mrs. La Rue’s dispute as required by 15 USC 1681s-2(b). 

31.Wells Fargo 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 on the Errant Trade Line.

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

Mrs. La Rue’s consumer credit file with Experian to which it is reporting such 

trade line.

33.As a direct and proximate cause of Wells Fargo’s negligent failure to perform 

its duties under the FCRA, Mrs. La Rue has suffered damages, mental anguish, 

suffering, humiliation and embarrassment.

34.Wells Fargo is liable to Mrs. La Rue 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. 

35.The Plaintiff has a private right of action to assert claims against Wells Fargo 

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

1.

2. WHEREFORE, PLAINTIFF PRAYS that this court grant her a 

judgment against the Defendants Wells Fargo for damages, costs, interest and 

attorneys’ fees.

 COUNT IV

 WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

 BY WELLS FARGO

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

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37.After being informed by Experian that Mrs. La Rue disputed the accuracy of the 

information it was providing, Wells Fargo willfully failed to conduct a proper 

investigation of Mrs. La Rue’s dispute. 

38.Wells Fargo willfully failed to review all relevant information available to it 

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

39.As a direct and proximate cause of Wells Fargo’s willful failure to perform its 

respective duties under the FCRA, Mrs. La Rue has suffered damages, mental 

anguish, suffering, humiliation and embarrassment.

40.Wells Fargo is liable to Mrs. La Rue for either statutory damages or actual 

damages she 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 and she may recover therefore pursuant to 15 USC 1681n.

3. WHEREFORE, PLAINTIFF PRAYS that this court grant her a 

judgment against Wells Fargo for the greater of statutory or actual damages, plus 

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

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COUNT V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY XCEED

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

42.After being informed by Experian of the Plaintiff’s consumer dispute to the 

Errant Trade Line, Xceed negligently failed to conduct a proper investigation of 

Mrs. La Rue’s dispute as required by 15 USC 1681s-2(b). 

43.Xceed 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 on the Errant Trade Line.

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

Mrs. La Rue’s consumer credit file with Experian to which it is reporting such 

trade line.

45.As a direct and proximate cause of Xceed’s negligent failure to perform its 

duties under the FCRA, Mrs. La Rue has suffered damages, mental anguish, 

suffering, humiliation and embarrassment.

46.Xceed is liable to Mrs. La Rue 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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47.The Plaintiff has a private right of action to assert claims against Wells Fargo 

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

4.

5. WHEREFORE, PLAINTIFF PRAYS that this court grant her a

judgment against the Defendant Xceed for damages, costs, interest and attorneys’ fees.

 COUNT VI

 WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

 BY XCEED

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

49.After being informed by Experian that Mrs. La Rue disputed the accuracy of the 

information it was providing, Xceed willfully failed to conduct a proper 

investigation of Mrs. La Rue’s dispute. 

50.Xceed willfully failed to review all relevant information available to it and 

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

51.As a direct and proximate cause of Xceed’s willful failure to perform its 

respective duties under the FCRA, Mrs. La Rue has suffered damages, mental 

anguish, suffering, humiliation and embarrassment.

52.Xceed is liable to Mrs. La Rue for either statutory damages or actual damages 

she 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 and she may recover therefore pursuant to 15 USC 1681n.

6. WHEREFORE, PLAINTIFF PRAYS that this court grant her a 

judgment against Xceed for the greater of statutory or actual damages, plus punitive 

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

7.

JURY DEMAND

Plaintiff hereby demands a trial by Jury. 

DATED: December 2, 2015

KENT LAW OFFICES

By: /s/ Trinette G. Kent 

Trinette G. Kent 

Attorneys for Plaintiff,

Merillin La Rue

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