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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,

Gary Quinones

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Gary Quinones,

Plaintiff,

vs.

Trans Union, LLC,

a Delaware limited liability company,

First Premier Bank,

a South Dakota Corporation;

and Crescent Bank and Trust,

a Louisiana Corporation,

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMANDED

Case 2:15-cv-01994-SMM Document 1 Filed 10/06/15 Page 1 of 12
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NOW COMES THE PLAINTIFF, GARY QUINONES, 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. §1681, et seq., 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 Surprise, Maricopa County, Arizona. 

4. Venue is proper in the District of Arizona, Phoenix Division. 

PARTIES

5. The Defendants to this lawsuit are:

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

maintains a registered agent in Maricopa County, Arizona; 

b. First Premier Bank (“First Premier”), which is a South Dakota company 

that conducts business in Maricopa County, Arizona; and

c. Crescent Bank and Trust (“Crescent Bank”), which is a Louisiana 

company that conducts business in Maricopa County, Arizona.

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GENERAL ALLEGATIONS

6. The following furnishers are reporting their trade lines (“Errant Trade Lines”) 

on Mr. Quinones’s Trans Union credit file with multiple “Charged-off” 

language:

a. First Premier Bank, Account Number: 517800781666XXXX; and

b. Crescent Bank and Trust, Account Number: 10034XXXX.

7. In approximately December 2014, Mr. Quinones disputed the Errant Trade 

Lines.

8. On or about May 1, 2015, Mr. Quinones obtained his Trans Union credit file 

and noticed that the multiple “KD” language was continuing to report on the 

Errant Trade Lines. 

9. On or about July 1, 2015, Mr. Quinones submitted a letter to Trans Union,

disputing the multiple “KD” language on the Errant Trade Lines.

10.Upon information and belief, Defendant Trans Union forwarded Mr. 

Quinones’s dispute to Defendants First Premier and Crescent Bank.

11.On or about July 28, 2015, Mr. Quinones received Trans Union’s investigation 

results, which showed that Crescent Bank and First Premier both retained 

multiple “Charged-off” language on the Errant Trade Lines.

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COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY FIRST PREMIER

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

13.After being informed by Trans Union of Mr. Quinones’s consumer dispute 

regarding the Errant Trade Lines, First Premier negligently failed to conduct a 

proper reinvestigation of Mr. Quinones’ disputes as required by 15 USC 1681s2(b). 

14.First Premier negligently failed to review all relevant information available to it 

and provided by Trans Union in conducting its reinvestigation as required by 15 

USC 1681s-2(b). Specifically, it failed to direct Trans Union to remove the 

multiple “charged-off” language from the Errant Trade Line from Mr. 

Quinones’s consumer credit report.

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

Mr. Quinones’s consumer credit file with Trans Union to which it is reporting 

such trade line.

16.As a direct and proximate cause of First Premier’s negligent failure to perform 

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

anguish, suffering, humiliation, and embarrassment.

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17.First Premier is liable to Mr. Quinones 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. 

18.Mr. Quinones has a private right of action to assert claims against First Premier

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against First Premier for damages, costs, interest, and attorneys’ fees.

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

FIRST PREMIER

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

20.After being informed by Trans Union that Mr. Quinones disputed the accuracy 

of the information it was providing, First Premier willfully failed to conduct a 

proper reinvestigation of Mr. Quinones’ dispute. 

21.First Premier willfully failed to review all relevant information available to it 

and provided by Trans Union as required by 15 USC 1681s-2(b).

22.As a direct and proximate cause of First Premier’s willful failure to perform its 

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

anguish, suffering, humiliation, and embarrassment.

23.First Premier is liable to Mr. Quinones for either statutory damages or actual 

damages he has sustained by reason of its violations of the FCRA in an amount 

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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.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against First Premier 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 CRESCENT BANK 

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

25.After being informed by Trans Union of the Plaintiff’s consumer dispute 

regarding the Errant Trade Line, Crescent Bank negligently failed to conduct a 

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

26.Crescent Bank negligently failed to review all relevant information available to 

it and provided by Trans Union in conducting its reinvestigation as required by 

15 USC 1681s-2(b). Specifically, it failed to direct Trans Union to remove the 

multiple “charged-off” language from the Errant Trade Lines from Mr. 

Quinones’s consumer credit report.

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

Mr. Quinones’s consumer credit file with Trans Union to which it is reporting 

such trade line.

28.As a direct and proximate cause of Crescent Bank’s negligent failure to perform 

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

anguish, suffering, humiliation, and embarrassment.

29.Crescent Bank is liable to Mr. Quinones 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. 

30.Mr. Quinones has a private right of action to assert claims against Crescent 

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Crescent Bank for damages, costs, interest, and attorneys’ fees.

COUNT IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

CRESCENT BANK 

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

32.After being informed by Trans Union that Mr. Quinones disputed the accuracy 

of the information it was providing, Crescent Bank willfully failed to conduct a 

proper reinvestigation of Mr. Quinones’s dispute. 

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33.Crescent Bank willfully failed to review all relevant information available to it 

and provided by Trans Union as required by 15 USC 1681s-2(b).

34.As a direct and proximate cause of Crescent Bank’s willful failure to perform 

its respective duties under the FCRA, Mr. Quinones has suffered damages, 

mental anguish, suffering, humiliation, and embarrassment.

35.Crescent Bank is liable to Mr. Quinones 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.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Crescent Bank for the greater of statutory or actual damages, plus punitive 

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

COUNT V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

TRANS UNION

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

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

published, and otherwise reproduced consumer reports regarding Mr. Quinones

as that term is defined in 15 USC 1681a.

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38.Such reports contained information about Mr. Quinones that was false, 

misleading, and inaccurate.

39.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. Quinones, in violation of 15 USC 1681e(b).

40. After receiving Mr. Quinones’ consumer dispute to the Errant Trade Lines, 

Trans Union negligently failed to conduct a reasonable reinvestigation as 

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

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

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

anguish and suffering, humiliation, and embarrassment.

42.Trans Union is liable to Mr. Quinones 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

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

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

published and otherwise reproduced consumer reports regarding Mr. Quinones

as that term is defined in 15 USC 1681a.

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

and inaccurate.

46.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. Quinones, in violation of 15 USC 1681e(b).

47. After receiving Mr. Quinones’ consumer dispute to the Errant Trade Lines, 

Trans Union willfully failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

49.Trans Union is liable to Mr. Quinones 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 Trans Union for the greater of statutory or actual 

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damages, plus punitive damages along with costs, interest, and reasonable attorneys’ 

fees.

JURY DEMAND

Plaintiff hereby demands a trial by Jury.

DATED: October 6, 2015 NITZKIN & ASSOCIATES

By: /s/ Trinette G. Kent 

Trinette G. Kent

Attorneys for Plaintiff,

Gary Quinones

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