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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

Of Counsel to:

Nitzkin & Associates

22142 West Nine Mile Road

Southfield, MI 48033

Telephone: (248) 353-2882

Facsimile: (248) 353-4840

Attorneys for Plaintiff,

Robert Willeford

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Robert Willeford,

Plaintiff,

vs.

Experian Information Solutions, Inc.

an Ohio corporation, and

Equifax Information Services, LLC

a Georgia corporation,

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMANDED

Case 2:16-cv-00313-DJH Document 1 Filed 02/03/16 Page 1 of 9
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NOW COMES THE PLAINTIFF, ROBERT WILLEFORD, BY AND 

THROUGH COUNSEL, Trinette G. Kent, and for his Complaint against the 

Defendants, pleads as follows:

JURISDICTION

1. Jurisdiction of this court arises under the Fair Credit Reporting Act (“FCRA”)

15 U.S.C. §1681p., 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 Mesa, Maricopa County, Arizona. 

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 

corporation that maintains a registered agent in Maricopa County, 

Arizona; and

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

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

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GENERAL ALLEGATIONS

6. Equifax is reporting two Judgments which case numbers CV2011090180 and 

49D050907CC034033 (“Errant Public Records”) on Plaintiff credit file with 

balances. Experian is reporting one of the Errant Public Record with case 

number 49D050907CC034033 with a balance. 

7. Mr. Willeford does not owe any balance on the Errant Public Records. They 

were included in his Chapter 13 Bankruptcy, which was filed in 2009 and 

discharged in 2012. 

8. Sometime in February 2015, Mr. Willeford obtained his Equifax and Experian

credit files and noticed the Errant Public Records. Shortly thereafter, he 

submitted letters to Experian and Equifax disputing the balances on the Errant 

Public Records. 

9. On or about August 4, 2015, Mr. Willeford obtained a new Experian and 

Equifax credit report and noticed that the balances were still reported on the 

Errant Public Records.

10.On or about September 21, 2015, Mr. Willeford, submitted another letter to 

Experian and Equifax disputing the balances on the Errant Public Records. 

11.On or about October 1, 2015, Mr. Willeford received Equifax’s investigation 

results which showed that it retained the balance of $11,534.00 on the Errant 

Public Record with case number CV2011090180 and it also retained the 

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balance of $14,286.00 on the Errant Public Record with case number 

49D050907CC034033.

12.On or about October 28, 2015, Mr. Willeford received Experian’s investigation 

results which showed that it retained the balance of $14,286.00 on the Errant 

Public Record with case number 49D050907CC034033. 

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

13.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Willeford

as that term is defined in 15 USC 1681a.

15.Such reports contained information about Mr. Willeford that was false, 

misleading, and inaccurate.

16.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. Willeford, in violation of 15 USC 1681e(b).

17. After receiving Mr. Willeford’s consumer disputes to the Errant Public Record, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

19.Experian is liable to Mr. Willeford 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 II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

20.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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

published and otherwise reproduced consumer reports regarding Mr. Willeford

as that term is defined in 15 USC 1681a.

22.Such reports contained information about Plaintiff that was false, misleading,

and inaccurate.

23.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. Willeford, in violation of 15 USC 1681e(b).

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24. After receiving Mr. Willeford’s consumer dispute to the Errant Public Record, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

26.Experian is liable to Mr. Willeford 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. 

1. WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

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

COUNT III

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

27.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Willeford

as that term is defined in 15 USC 1681a.

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29.Such reports contained information about Mr. Willeford that was false, 

misleading, and inaccurate.

30.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. Willeford, in violation of 15 USC 1681e(b).

31. After receiving Mr. Willeford’s consumer dispute to the Errant Public Records,

Equifax negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

33.Equifax is liable to Mr. Willeford 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 the court grant him a judgment 

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

COUNT IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

34.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Willeford

as that term is defined in 15 USC 1681a.

36.Such reports contained information about Mr. Willeford that was false, 

misleading, and inaccurate.

37.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. Willeford, in violation of 15 USC 1681e(b).

38. After receiving the Plaintiff’s consumer dispute to the Errant Public Records, 

Equifax willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

and suffering, humiliation, and embarrassment.

40.Equifax is liable to Mr. Willeford 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. 

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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.

JURY DEMAND

Plaintiff hereby demands a trial by Jury.

DATED: February 3, 2016 NITZKIN & ASSOCIATES

By: ________________________

Trinette G. Kent

Attorneys for Plaintiff,

Robert Willeford

Case 2:16-cv-00313-DJH Document 1 Filed 02/03/16 Page 9 of 9