1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

TRINETTE G. KENT (State Bar No. 025180)

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,

Alfonso Antillon

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Alfonso Antillon,

Plaintiff,

vs.

Experian Information Solutions, Inc.

an Ohio corporation, Trans Union, LLC,

a Delaware limited liability company;

Equifax Information Services, LLC, a 

Georgia corporation; Bank of America, 

National Association, a North Carolina 

company,

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMANDED

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 1 of 16
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

NOW COMES THE PLAINTIFF, ALFONSO ANTILLON, 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, and 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:

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

corporation that maintains a registered agent in Maricopa County, 

Arizona;

b. Trans Union, LLC (“Trans Union”), which is an Delaware company that 

maintains a registered agent in Maricopa County, Arizona;

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 2 of 16
3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

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

and

d. Bank of America, National Association (“BOA”), which is a North 

Carolina corporation that maintains a registered agent in Maricopa 

County, Arizona.

GENERAL ALLEGATIONS

6. Bank of America is reporting its trade line with account number 15752**** 

(“Errant Trade Line) on Plaintiff’s Trans Union, Equifax, and Experian credit 

files with a balance, past due and charge off amount of $41,098.00. This is 

false as Mr. Antillon does not owe any balance regarding this trade line. 

7. The Errant Trade Line is regarding Mr. Antillon’s second mortgage, which was 

foreclosed. This second mortgage was used to purchase the home. Pursuant to 

Arizona's Anti Deficiency Statute at A.R.S. 33-814(G), a lender is not entitled 

to any deficiency balance after a mortgage foreclosure if the proceeds of the 

loan were used to purchase a home.

8. Sometime before June 2014, Mr. Antillon obtained his credit files and noticed 

the balance on the Errant Trade Line. 

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 3 of 16
4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9. On or about June 3, 2014, Mr. Antillon submitted a letter to Trans Union, 

Equifax, and Experian (“Credit Reporting Agencies” or “CRAs”), disputing the 

balance on the Errant Trade Line. 

10.Upon information and belief, Defendants Experian, Trans Union, and Equifax 

forwarded Mr. Antillon’s dispute to Defendant Bank of America. 

11.On or about August 4, 2014, Mr. Antillon received Trans Union’s investigation 

results, which showed that Bank of America retained the balance on the Errant 

Trade Line. 

12.On or about August 5, 2014, Mr. Antillon submitted a letter directly to Bank of 

America, disputing the Errant Trade Line again.

13.On or about August 15, 2014, Mr. Antillon received a letter from Bank of 

America, which stated that it was updating his credit files to report the Errant 

Trade Line as charged off as of 3/14/2011 with a zero balance due.

14.On or about August 20, 2014, Mr. Antillon received Equifax’s investigation 

results, which showed that Bank of America retained the balance and past due 

amount of $41,098.00 on the Errant Trade Line. 

15.On or about July 22, 2015, Mr. Antillon obtained new credit files, which 

showed that Bank of America continued to report the balance of $41,098 on the 

Errant Trade Line. 

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 4 of 16
5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

16.Mr. Antillon submitted another letter to the CRAs, disputing the balance on the 

Errant Trade Line on September 29, 2015, and then again on October 7, 2015.

17.Upon information and belief, Defendants Experian, Trans Union, and Equifax 

forwarded Mr. Antillon’s second and third disputes to Defendant Bank of 

America. 

18.On or about October 10, 2015, Mr. Antillon received Trans Union’s 

investigation results, which showed that Bank of America retained the balance 

of $41,098.00 on the Errant Trade Line. 

19.On or about October 16, 2015, Mr. Antillon received Equifax’s investigation 

results, which also showed that Bank of America retained the balance and past 

due amount of $41,098.00 on the Errant Trade Line. 

20.On or about October 21, 2015, Mr. Antillon received Experian’s investigation 

results, which showed that the Errant Trade Line was not changed as a result of 

its processing of Mr. Antillon’s dispute. 

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 5 of 16
6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY BOA

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

22.After being informed by the CRAs of the Plaintiff’s consumer disputes

regarding the Errant Trade Line, BOA negligently failed to conduct a proper 

reinvestigation of the Plaintiff's disputes as required by 15 USC 1681s-2(b). 

23.BOA negligently failed to review all relevant information available to it and 

provided by the CRAs in conducting its reinvestigation as required by 15 USC 

1681s-2(b). Specifically, it failed to direct the CRAs to remove the balance and 

past due amount from the Errant Trade Line from Mr. Antillon’s consumer 

credit reports.

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

Mr. Antillon’s consumer credit file with Experian, Trans Union and Equifax to 

which it is reporting such trade line.

25.As a direct and proximate cause of BOA’s negligent failure to perform its duties 

under the FCRA, Mr. Antillon has suffered damages, mental anguish, suffering, 

humiliation, and embarrassment.

26.BOA is liable to Mr. Antillon 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. 

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 6 of 16
7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

27.Mr. Antillon has a private right of action to assert claims against BOA arising 

under 15 USC 1681s-2(b).

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against BOA for damages, costs, interest, and attorneys’ fees.

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

BOA

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

29.After being informed by the CRAs that Mr. Antillon disputed the accuracy of 

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

reinvestigation of Mr. Antillon’s dispute. 

30.BOA willfully failed to review all relevant information available to it and 

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

31.As a direct and proximate cause of BOA’s willful failure to perform its 

respective duties under the FCRA, Mr. Antillon has suffered damages, mental 

anguish, suffering, humiliation, and embarrassment.

32.BOA is liable to Mr. Antillon 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 that he may recover therefore pursuant to 15 USC 1681n.

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 7 of 16
8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against BOA 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 

EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mr. Antillon

as that term is defined in 15 USC 1681a.

35.Such reports contained information about Mr. Antillon that was false, 

misleading, and inaccurate.

36.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. Antillon, in violation of 15 USC 1681e(b).

37. After receiving Mr. Antillon’s consumer dispute to the Errant Trade Line, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 8 of 16
9

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

39.Experian is liable to Mr. Antillon 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 IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

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

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

published and otherwise reproduced consumer reports regarding Mr. Antillon as 

that term is defined in 15 USC 1681a.

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

and inaccurate.

43.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. Antillon, in violation of 15 USC 1681e(b).

44. After receiving Mr. Antillon’s consumer disputes to the Errant Trade Line, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 9 of 16
10

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

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

anguish and suffering, humiliation, and embarrassment.

46.Experian is liable to Mr. Antillon 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 V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

TRANS UNION

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

48.Defendant Trans Union prepared, compiled, issued, assembled, transferred, 

published, and otherwise reproduced consumer reports regarding Mr. Antillon

as that term is defined in 15 USC 1681a.

49.Such reports contained information about Mr. Antillon that was false, 

misleading, and inaccurate.

50.Trans Union 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. Antillon, in violation of 15 USC 1681e(b).

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 10 of 16
11

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

51. After receiving Mr. Antillon’s consumer disputes to the Errant Trade Line,

Trans Union negligently failed to conduct a reasonable reinvestigation as 

required by 15 U.S.C. 1681i.

52.As a direct and proximate cause of Trans Union’s negligent failure to perform 

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

anguish and suffering, humiliation, and embarrassment.

53.Trans Union is liable to Mr. Antillon 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 Trans Union for actual damages, costs, interest, and attorneys’ fees.

COUNT VI

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

TRANS UNION 

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

55.Defendant Trans Union prepared, compiled, issued, assembled, transferred, 

published and otherwise reproduced consumer reports regarding Mr. Antillon as 

that term is defined in 15 USC 1681a.

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

and inaccurate.

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 11 of 16
12

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

57.Trans Union 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. Antillon, in violation of 15 USC 1681e(b).

58. After receiving Mr. Antillon’s consumer disputes to the Errant Trade Line, 

Trans Union willfully failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

59.As a direct and proximate cause of Trans Union’s willful failure to perform its 

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

anguish and suffering, humiliation, and embarrassment.

60.Trans Union is liable to Mr. Antillon 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. 

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

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

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

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 12 of 16
13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

COUNT VII

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

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

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

published, and otherwise reproduced consumer reports regarding Mr. Antillon

as that term is defined in 15 USC 1681a.

63.Such reports contained information about Mr. Antillon that was false, 

misleading, and inaccurate.

64.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. Antillon, in violation of 15 USC 1681e(b).

65. After receiving Mr. Antillon’s consumer disputes to the Errant Trade Line, 

Equifax negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

67.Equifax is liable to Mr. Antillon 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. 

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 13 of 16
14

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

WHEREFORE, PLAINTIFF PRAYS that the court grant him a judgment 

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

COUNT VIII

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

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

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

published, and otherwise reproduced consumer reports regarding Mr. Antillon

as that term is defined in 15 USC 1681a.

70.Such reports contained information about Mr. Antillon that was false, 

misleading, and inaccurate.

71.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. Antillon, in violation of 15 USC 1681e(b).

72. After receiving the Plaintiff’s consumer disputes to the Errant Trade Line, 

Equifax willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

suffering, humiliation, and embarrassment.

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 14 of 16
15

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

74.Equifax is liable to Mr. Antillon 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.

JURY DEMAND

Plaintiff hereby demands a trial by Jury.

DATED: January 7, 2016 LAW OFFICES OF KENT AND KENT

By: /s/ Trinette G. Kent 

Trinette G. Kent

Attorneys for Plaintiff,

Alfonso Antillon

Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 15 of 16
Case 2:16-cv-00035-DLR Document 1 Filed 01/07/16 Page 16 of 16