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 

Bridget Ann Kaus AKA Bridget Ann Dunn,

 Plaintiff, 

 v. 

Experian Information Solutions,

Inc. and Capital One 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-02046-JAT Document 1 Filed 10/12/15 Page 1 of 9
COMPLAINT 2

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undermine the public confidence, which is essential to the continued 

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. BRIDGET ANN KAUS AKA BRIDGET ANN DUNN (“Plaintiff”), by 

Plaintiff’s attorneys, brings this action to challenge the actions of 

EXPERIAN INFORMATION SOLUTIONS, INC. (“Experian”) and 

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

Case 2:15-cv-02046-JAT Document 1 Filed 10/12/15 Page 2 of 9
COMPLAINT 3

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7. Unless otherwise indicated, the use of Defendants’ name in this Complaint 

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 Experian is a corporation doing business in the State of Arizona. 

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

Arizona. 

14. Defendant Capital One is a furnisher of information as contemplated by 15 

U.S.C. § 1681s-2(b) that regularly and in the ordinary course of business 

furnishes information to a consumer credit reporting agency. 

Case 2:15-cv-02046-JAT Document 1 Filed 10/12/15 Page 3 of 9
COMPLAINT 4

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15. Defendant Experian is a national credit reporting agency, doing business in 

Arizona, with a principal place of business in Ohio.

GENERAL ALLEGATIONS

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

Arizona.

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

18. On or about August 10, 2009, Plaintiff filed for Chapter 13 Bankruptcy in 

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

case was assigned Case Number 2:09-bk-19053-EPB (the “Bankruptcy”) in 

order to obtain a fresh start and rebuild her credit.

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

Bankruptcy and Defendants, the Creditors, received notice of the 

Bankruptcy.

20. On or about October 6, 2014, Plaintiff received a Bankruptcy discharge.

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

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

22. 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.

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

Bankruptcy.

24. 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.

25. 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-02046-JAT Document 1 Filed 10/12/15 Page 4 of 9
COMPLAINT 5

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26. 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.

Capital One Misreported Credit Information

27. In an Experian credit report dated May 8, 2015, Capital One reported the 

following inaccurate, derogatory information:

• Account #517805723308****: Post-bankruptcy information 

including: Account past due in multiple months after filing 

Bankruptcy.

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

account after August 10, 2009, because Plaintiff filed for Bankruptcy on 

August 10, 2009.

29. On or about July 28, 2015, Plaintiff disputed Capital One’s reported 

information regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by 

notifying Experian, in writing, of the incorrect and inaccurate credit 

information furnished by Capital One.

30. Specifically, Plaintiff sent a letter, certified, return receipt, to Experian (the 

“Experian Dispute Letter”), requesting the above inaccurate and incorrect 

derogatory information be removed.

31. The Experian Dispute Letter further requested that Experian:

• 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”.

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COMPLAINT 6

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• 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, 08/10/2009, 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 [Experian] 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. 

32. Upon information and belief, Experian timely notified Capital One of 

Plaintiff’s dispute, but Capital One continued reporting derogatory 

information.

33. Capital One and Experian were required to conduct a reinvestigation into 

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

§1681i.

34. On or about August 27, 2015, Plaintiff received notification from Experian

that Capital One and Experian received notice of Plaintiff’s dispute pursuant 

to 15 U.SC. § 1681i(a)(6), and Defendants verified that the account had been 

“Updated”. 

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

Plaintiff’s report, Capital One and Experian simply left inaccurate

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

reported the following inaccurate, derogatory information:

• Account 517805723308****: Post-bankruptcy information for 

the following dates: September 2009 (Charge Off); Status: 

Closed.

Case 2:15-cv-02046-JAT Document 1 Filed 10/12/15 Page 6 of 9
COMPLAINT 7

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36. Capital One and Experian, 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).

37. Capital One and Experian failed to review all relevant information provided 

by Plaintiff in the dispute to Experian, as required by and in violation of 15 

U.SC. § 1681s-2(b)(1)(B).

38. Due to Capital One and Experian’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).

39. Plaintiff’s continued efforts to correct Capital One and Experian’s erroneous 

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

with Capital One and Experian were fruitless.

40. Capital One and Experian’s continued inaccurate and negative reporting of 

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

41. Capital One and Experian’s inaccurate and negative reporting damaged 

Plaintiff’s creditworthiness.

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

notice and confirmation of its errors, Capital One and Experian 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)

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

Complaint as though fully stated herein.

Case 2:15-cv-02046-JAT Document 1 Filed 10/12/15 Page 7 of 9
COMPLAINT 8

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44. 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.

45. 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.

46. 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.

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

Case 2:15-cv-02046-JAT Document 1 Filed 10/12/15 Page 8 of 9
COMPLAINT 9

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• any other relief the Court may deem just and proper.

TRIAL BY JURY

47. 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: October 12, 2015 Respectfully submitted,

BY: /S/ DAVID J. MCGLOTHLIN______

DAVID J. MCGLOTHLIN, ESQ.

ATTORNEY FOR PLAINTIFF

Case 2:15-cv-02046-JAT Document 1 Filed 10/12/15 Page 9 of 9