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 

Paulette M. Muhammad, 

 Plaintiff, 

 v. 

Experian Information Solutions, 

Inc., and Bank of America, 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 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 1 of 10
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. Paulette M. Muhammad (“Plaintiff”), by Plaintiff’s attorneys, brings this 

action to challenge the actions of EXPERIAN INFORMATION 

SOLUTIONS, INC. (“Experian”), and BANK OF AMERICA, N.A.

(“BoA”) (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.

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

Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 2 of 10
COMPLAINT 3

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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 

Pima County, the State of Arizona and Defendants are subject to personal 

jurisdiction in the County of Pima, 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 Pima, 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 BoA is a bank doing business in the State of Arizona. 

14. Defendant BoA 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. 

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

Arizona, with a principal place of business in Ohio.

Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 3 of 10
COMPLAINT 4

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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 November 5, 2014, Plaintiff filed for a Chapter 7 Bankruptcy in 

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

case was assigned Case Number 4:14-bk-16636-BMW (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 February 13, 2015, 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. 

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, inaccurate, and negative 

credit information in Plaintiff’s credit files.

Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 4 of 10
COMPLAINT 5

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27. The continued reporting of erroneous, inaccurate, and derogatory 

information negatively impacted Plaintiff’s credit and her “fresh start”.

Bank of America Misreported Credit Information

28. In an Experian credit report dated June 22, 2015, BoA reported the 

following inaccurate, derogatory information:

• Account No. 431307299827....: Post-bankruptcy information 

for the following dates: January 2015 (90 days past due).

• Account No. 546632199928....: Post-bankruptcy information 

for the following dates: January 2015 (90 days past due).

29. BoA should not have reported derogatory information on Plaintiff’s account 

after November 5, 2014, because Plaintiff filed for Bankruptcy on 

November 5, 2014.

30. On or about September 4, 2015, Plaintiff disputed BoA’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 BoA. 

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

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

derogatory information be removed as follows:

• Account #431307299827....: This account was discharged in 

my Bankruptcy which was filed on 11/05/2014 and discharged 

02/13/2015, bearing Case No. 4:14-bk-16636-BMW in the 

District for Arizona. There should be no derogatory reporting 

after the filing date. Specifically, please remove the derogatory 

Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 5 of 10
COMPLAINT 6

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information for the following post-bankruptcy dates: January 

2015 (90 days past due).

• Account #546632199928....: This account was discharged in 

my Bankruptcy which was filed on 11/05/2014 and discharged 

02/13/2015, bearing Case No. 4:14-bk-16636-BMW in the 

District for Arizona. There should be no derogatory reporting 

after the filing date. Specifically, please remove the derogatory 

information for the following post- bankruptcy dates: January 

2015 (90 days past due).

32. 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”.

• 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, 11/05/2014, 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. 

Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 6 of 10
COMPLAINT 7

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33. Upon information and belief, Experian timely notified BoA of Plaintiff’s 

dispute, but BoA continued reporting derogatory information.

34. BoA and Experian were required to conduct a reinvestigation into this 

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

§1681i.

35. On or about October 2, 2015, Plaintiff received notification from Experian

that BoA and Experian received notice of Plaintiff’s dispute pursuant to 15 

U.SC. § 1681i(a)(6), and Defendants verified both accounts had been 

updated. 

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

Plaintiff’s report, BoA and Experian simply left derogatory information on 

Plaintiff’s report. Specifically, BoA and Experian reported the following 

inaccurate, derogatory information:

• Account #431307299827....: Post-bankruptcy information for 

the following dates: December 2014 (Charge Off).

• Account #546632199928....: Post-bankruptcy information for 

the following dates: December 2014 (Account 90 days past 

due).

37. BoA 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).

38. BoA 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).

39. Due to BoA and Experian’s failure to investigate, they each further failed to 

correct and update Plaintiff’s information as required by 15 U.S.C. § 1681sCase 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 7 of 10
COMPLAINT 8

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2(b)(1)(E), thereby causing continued reporting of inaccurate information in 

violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

40. Plaintiff’s continued efforts to correct BoA and Experian’s erroneous and 

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

BoA and Experian were fruitless.

41. BoA and Experian’s continued inaccurate and negative reporting of the Debt 

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

42. BoA and Experian’s inaccurate and negative reporting damaged Plaintiff’s 

creditworthiness.

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

notice and confirmation of its errors, BoA 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)

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

Complaint as though fully stated herein.

45. 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.

46. 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. § 

Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 8 of 10
COMPLAINT 9

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1681n(a)(2); and reasonable attorney’s fees and costs pursuant to 15 U.S.C. 

§ 1681n(a)(3) from Defendants.

47. 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

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

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Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 9 of 10
COMPLAINT 10

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TRIAL BY JURY

48. 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: December 2, 2015 Respectfully submitted,

BY: /S/ RYAN L. MCBRIDE______

RYAN L. MCBRIDE, ESQ.

ATTORNEY FOR PLAINTIFF

Case 4:15-cv-00563-RCC-DTF Document 1 Filed 12/02/15 Page 10 of 10