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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

Attorneys for Plaintiff,

Schuyler McHenry,

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

Schuyler McHenry,

Plaintiff,

vs.

Experian Information Solutions, Inc., 

an Ohio corporation;

Equifax Information Services, LLC,

a Georgia corporation;

Wells Fargo Bank, NA,

a California corporation;

Toyota Financial Services, an assumed 

name for Toyota Motor Credit Corp,

a California corporation; 

Navient Solutions, Inc., 

a Delaware corporation;

and Ithaca College,

a foreign company.

 Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

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NOW COME THE PLAINTIFF, SCHUYLER MCHENRY, BY AND 

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

Defendants, pleads as follows:

JURISDICTION

1. Jurisdiction of this court arises under 15 U.S.C. §1681p.

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 Scottsdale, Maricopa County, California. 

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 

company that maintains a registered agent in Los Angeles County, 

California;

b. Equifax Information Services, LLC (“Equifax”), which is a Georgia 

corporation that maintains a registered agent in Sacramento County, 

California;

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c. Wells Fargo Bank, NA (“Wells Fargo”), which is a foreign company that 

maintains a registered agent in Maricopa County, Arizona;

d. Toyota Financial Services an assumed name for Toyota Motor Credit 

Corporation (“Toyota”) which is a California company that maintains a 

registered agent in Maricopa County, Arizona;

e. Navient Solutions, Inc. (“Navient”) a Delaware corporation that 

maintains a registered agent in Maricopa County, Arizona;

f. Ithaca College (“Ithaca”) a foreign company that maintains offices in 

Ithaca, New York.

GENERAL ALLEGATIONS

6. In February, 2015, Plaintiff obtained his Equifax credit file and noticed that 

Wells Fargo was reporting its trade line with account number 7002XXXX 

(“Errant Trade Line”) with language indicating that he owed $18,274.00 on a 

monthly basis. This is false as the entire balance on the Errant Trade Line was 

$18,274.00.

7. In February, 2015, Mr. McHenry submitted a letter to Equifax disputing the 

inaccurate monthly payment of $18,274.00 on the Errant Trade Line.

8. Upon information and belief, Equifax transmitted Mr. McHenry’s consumer 

dispute to Wells Fargo. 

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9. On or about May 27, 2015, Mr. McHenry obtained his Equifax credit file and 

noticed that Wells Fargo continued to misreport the Errant Trade Line with the 

erroneous monthly payment of $18,274.00.

10.On or about June 2, 2015, Mr. McHenry submitted another letter to Equifax 

disputing the erroneous monthly payment of $18,274.00 on the Wells Fargo 

Errant Trade Line.

11.Upon information and belief, Equifax transmitted Mr. McHenry’s second 

consumer dispute to Wells Fargo. 

12. On or about June 27, 2015, Mr. McHenry obtained his credit files and noticed 

that the following trade lines contained multiple “KDs” meaning “Key 

Derogatory” (“Errant Trade Lines”):

a. Navient Solutions, Account Number: 502935048399XXXX; 

b. Wells Fargo, Account Number: 7002XXXX;

c. Navient Solutions, Account Number: 502935048399XXXX;

d. Navient Solutions, Account Number: 502935048399XXXX;

e. Toyota MTR, Account Number: 7040156342008XXXX; and

f. Ithaca College, Account Number: 535114866PEXXXX.

13. On or about August 4, 2015, Mr. McHenry, submitted another letter to 

Experian and Equifax disputing the multiple charge offs on all of the Errant 

Trade Lines. 

14. Upon information and belief the CRAs transmitted Mr. McHenry’s consumer 

dispute to Navient, Wells Fargo, Toyota and Ithaca.

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15. On or about September 25, 2015, Mr. McHenry obtained his credit files and 

noticed that Navient Solutions retained the multiple charge offs on all three of 

its Errant Trade Lines with account number 502935048399XXXX on Mr. 

McHenry’s Experian credit file and it retained the multiple charge offs on two 

of its Errant Trade Lines on his Equifax credit file. In addition, Toyota retained 

the multiple charge offs on its Errant Trade Line with account number 

7040156342008XXXX on Mr. McHenry’s Experian credit file. Finally, this 

showed that not only was Wells Fargo reporting the errant monthly payment of 

$18,274.00 on Mr. McHenry’s Equifax credit file, but that it also retained the 

multiple charge offs on Mr. McHenry’s Experian and Equifax credit files. 

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT 

BY WELLS FARGO

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

17. After being informed by Equifax and Experian of Mr. McHenry’s consumer 

dispute of the multiple charge offs on the Errant Trade Line and after being 

informed by Equifax of Mr. McHenry’s consumer dispute of the erroneous 

monthly payment on the Errant Trade Line, Wells Fargo negligently failed to 

conduct a proper reinvestigation of Mr. McHenry’s disputes as required by 15 

USC 1681s-2(b).

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18. Wells Fargo negligently failed to review all relevant information available to it 

and provided by Equifax and Experian in conducting its reinvestigation as 

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

Experian to remove the multiple charge offs on the Errant Trade Line. In 

addition, it failed to direct Equifax to remove the erroneous monthly payment of 

$18,274.00 on the Errant Trade Line.

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

Mr. McHenry’s consumer credit file with Equifax and Experian to which it is 

reporting such trade line.

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

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

anguish, suffering, humiliation and embarrassment. 

21. Wells Fargo is liable to Mr. McHenry 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.

22.Mr. McHenry has a private right of action to assert claims against Wells Fargo

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

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WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against the Defendant Wells Fargo for damages, costs, interest and attorneys’ fees in 

the amount of less than twenty five thousand dollars ($25,000.00) exclusive of costs, 

interest and attorneys’ fees. 

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

WELLS FARGO

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

24. After being informed by Equifax and Experian that Mr. McHenry disputed the 

accuracy of the information it was providing, Wells Fargo willfully failed to 

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

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

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

26. As a direct and proximate cause of Wells Fargo willful failure to perform its 

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

suffering, humiliation and embarrassment. 

27. Wells Fargo is liable to Mr. McHenry 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 and they may recover therefore pursuant to 15 USC 1681n.

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WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

punitive damages, along with costs, interest and attorneys’ fees in the amount of less 

than twenty-five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorneys’ fees. 

COUNT III

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT 

BY TOYOTA

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

29. After being informed by Experian of Mr. McHenry’s consumer dispute of the 

Errant Trade Lines, Toyota negligently failed to conduct a proper investigation 

of Mr. McHenry’s dispute as required by 15 USC 1681s-2(b).

30. Toyota 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.

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

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

trade lines.

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32.As a direct and proximate cause of Toyota’s negligent failure to perform its 

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

suffering, humiliation and embarrassment. 

33. Toyota is liable to Mr. McHenry 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.

34.Mr. McHenry has a private right of action to assert claims against Toyota 

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against the Defendant Toyota for damages, costs, interest and attorneys’ fees 

in the amount of less than twenty five thousand dollars ($25,000.00) exclusive of 

costs, interest and attorneys’ fees. 

COUNT IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

TOYOTA

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

36. After being informed by Experian that Mr. McHenry disputed the accuracy of 

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

reinvestigation of Mr. McHenry’s dispute.

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37. Toyota willfully failed to review all relevant information available to it and 

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

38. As a direct and proximate cause Toyota’s willful failure to perform its duties 

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

suffering, humiliation and embarrassment. 

39. Toyota is liable to Mr. McHenry for either statutory damages or actual 

damages they have 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 he may recover therefore pursuant to 15 USC 

1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

punitive damages, along with costs, interest and attorneys’ fees in the amount of less 

than twenty-five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorneys’ fees. 

COUNT V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT 

BY NAVIENT

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

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41. After being informed by Equifax and Experian of Mr. McHenry’s consumer 

dispute of the Errant Trade Lines, Navient negligently failed to conduct a 

proper investigation of Mr. McHenry’s dispute as required by 15 USC 1681s2(b).

42. Navient negligently failed to review all relevant information available to it and 

provided by Equifax and Experian in conducting its reinvestigation as required 

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

remove the multiple charge offs on the Errant Trade Lines.

43. The Errant Trade Lines are inaccurate and creating a misleading impression on 

Mr. McHenry’s consumer credit file with Equifax and Experian to which it is 

reporting such trade lines.

44.As a direct and proximate cause of Navient’s negligent failure to perform its 

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

suffering, humiliation and embarrassment. 

45. Navient is liable to Mr. McHenry 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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46.Mr. McHenry has a private right of action to assert claims against Navient

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against the Defendant Navient for damages, costs, interest and attorneys’ fees 

in the amount of less than twenty five thousand dollars ($25,000.00) exclusive of 

costs, interest and attorneys’ fees. 

COUNT VI

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

NAVIENT

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

48. After being informed by Equifax and Experian that Mr. McHenry disputed the 

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

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

49. Navient willfully failed to review all relevant information available to it and 

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

50. As a direct and proximate cause Navient’s willful failure to perform its duties 

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

suffering, humiliation and embarrassment. 

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51. Navient is liable to Mr. McHenry for either statutory damages or actual 

damages they have 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 he may recover therefore pursuant to 15 USC 

1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

punitive damages, along with costs, interest and attorneys’ fees in the amount of less 

than twenty-five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorneys’ fees. 

COUNT VII

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT 

BY ITHACA

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

53. After being informed by Experian of Mr. McHenry’s consumer dispute of the 

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

Mr. McHenry’s dispute as required by 15 USC 1681s-2(b).

54. Ithaca negligently failed to review all relevant information available to it and 

provided by Experian in conducting its reinvestigation as required by 15 USC 

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1681s-2(b). Specifically it failed to direct Experian to remove the multiple 

charge offs on the Errant Trade Line.

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

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

trade lines.

56.As a direct and proximate cause of Ithaca’s negligent failure to perform its 

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

suffering, humiliation and embarrassment. 

57. Ithaca is liable to Mr. McHenry 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.

58.Mr. McHenry has a private right of action to assert claims against Ithaca arising 

under 15 USC 1681s-2(b).

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against the Defendant Ithaca for damages, costs, interest and attorneys’ fees 

in the amount of less than twenty five thousand dollars ($25,000.00) exclusive of 

costs, interest and attorneys’ fees. 

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COUNT VIII

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

ITHACA

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

60. After being informed by Experian that Mr. McHenry disputed the accuracy of 

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

reinvestigation of Mr. McHenry’s dispute.

61. Ithaca willfully failed to review all relevant information available to it and 

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

62. As a direct and proximate cause Ithaca’s willful failure to perform its duties 

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

suffering, humiliation and embarrassment. 

63. Ithaca is liable to Mr. McHenry for either statutory damages or actual damages 

they have 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 he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

punitive damages, along with costs, interest and attorneys’ fees in the amount of less 

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than twenty-five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorneys’ fees. 

COUNT IX

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mr. McHenry

as that term is defined in 15 USC 1681a.

66.Such reports contained information about Mr. McHenry that was false, 

misleading, and inaccurate.

67.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. McHenry, in violation of 15 USC 1681e(b).

68. After receiving Mr. McHenry’s consumer dispute to the Errant Trade Lines, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

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70.Experian is liable to Mr. McHenry 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

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

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

published, and otherwise reproduced consumer reports regarding Mr. McHenry

as that term is defined in 15 USC 1681a.

73.Such reports contained information about Mr. McHenry that was false, 

misleading, and inaccurate.

74.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. McHenry, in violation of 15 USC 1681e(b).

75. After receiving Mr. McHenry’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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76.As a direct and proximate cause of Experian’s willful failure to perform its 

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

anguish and suffering, humiliation, and embarrassment.

77.Experian is liable to Mr. McHenry 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. 

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. 

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COUNT XI

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

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

79.Defendant Equifax prepared, compiled, issued, assembled, transferred, 

published and otherwise reproduced consumer reports regarding Mr. McHenry

as that term is defined in 15 USC 1681a.

80.Such reports contained information about Mr. McHenry that was false, 

misleading and inaccurate.

81.Equifax 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. McHenry, in violation of 15 USC 1681e(b).

82. After receiving Mr. McHenry’s consumer dispute to the Errant Trade Lines, 

Equifax negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

83.As a direct and proximate cause of Equifax’s negligent failure to perform its 

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

anguish and suffering, humiliation and embarrassment.

84.Equifax is liable to Mr. McHenry 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. 

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WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Equifax for actual damages, costs, interest and attorneys’ fees in the amount of 

less than twenty five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorneys’ fees.

COUNT XII

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

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

86.Defendant Equifax prepared, compiled, issued, assembled, transferred, 

published and otherwise reproduced consumer reports regarding Mr. McHenry

as that term is defined in 15 USC 1681a.

87.Such reports contained information about Mr. McHenry that was false, 

misleading and inaccurate.

88.Equifax 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. McHenry, in violation of 15 USC 1681e(b).

89. After receiving Mr. McHenry’s consumer dispute to the Errant Trade Lines, 

Equifax willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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90.As a direct and proximate cause of Equifax’s willful failure to perform its duties 

under the FCRA, Mr. McHenry has suffered actual damages, mental anguish 

and suffering, humiliation and embarrassment.

91.Equifax is liable to Mr. McHenry 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. 

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Defendant Equifax for the greater of statutory or actual damages, plus punitive 

damages along with costs, interest and reasonable attorneys’ fees in the amount of less 

than twenty five thousand dollars ($25,000.00) exclusive of costs, interest and 

attorneys’ fees.

JURY DEMAND

Plaintiffs hereby demand 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,

Schuyler McHenry

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