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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:

Michigan Consumer Credit Lawyers

22142 West Nine Mile Road

Southfield, MI 48033

Telephone: (248) 353-2882

Facsimile: (248) 353-4840

Attorneys for Plaintiff,

Michael Burggraf

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Michael Burggraf,

Plaintiff,

vs.

Experian Information Solutions, Inc., 

an Ohio corporation,

Equifax Information Services, LLC

a Georgia corporation, and

Bank of America, N.A.,

a national banking association.

 Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

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NOW COME THE PLAINTIFF, MICHAEL BURGGRAF, 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 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 Glendale, 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 

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

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

corporation that maintains a registered agent in Maricopa County, 

Arizona; and

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c. Bank of America, N.A. (“Bank of America”), which is a national banking 

association that maintains a registered agent in Maricopa County, 

Arizona.

GENERAL ALLEGATIONS

6. Bank of America is reporting its trade line with account number 12285XXXX 

(“Errant Trade Line No. 1”) on Mr. Burggraf’s Experian and Equifax credit 

files with an incorrect balance of $25,227.00 and an incorrect pay status of 

“Collection/Charge-off.”

7. Further, Bank of America is reporting a second trade line with account number 

12285XXXX (“Errant Trade Line No. 2”) on Mr. Burggraf’s Equifax credit file 

with an incorrect pay status of “Late 120 Days.”

8. Errant Trade Line No. 1 relates to Plaintiff’s second mortgage, and it was a 

purchase money mortgage. Errant Trade Line No. 2 relates to Plaintiff’s first 

mortgage with Bank of America.

9. The property, which is the subject of both Errant Trade Lines, was foreclosed 

on in March 2010 in Arizona. Per the Arizona Anti-Deficiency laws, no 

deficiency balance is owed. 

10.On or about November 5, 2015, Mr. Burggraf obtained a three-in-one credit 

report. He noticed that Errant Trade Line No. 1 was reported with a pay status 

of “Collection/Charge-off” and a balance on $25,227.00 on his Experian and 

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Equifax credit files. He also noticed that Errant Trade Line No. 2 was 

inaccurately reported with a pay status of “Late 120 Days” on his Equifax credit 

file.

11. On or about November 24, 2015, Mr. Buggraf, submitted letters to Experian 

and Equifax, disputing the Errant Trade Lines. In these dispute letters, Mr. 

Burggraf disputed the balance and “collection/charge-off” status on Errant 

Trade Line No. 1. He also disputed the “Late 120 Days” pay status on the 

Errant Trade Line No. 2 and attached several foreclosure documents showing 

the foreclosure took place.

12.Upon information and belief, Experian and Equifax forwarded Mr. Burggraf’s 

dispute to Bank of America.

13.On or about January 20, 2016, Mr. Buggraf obtained a three-in-one credit 

report. Both Experian and Equifax retained the balance of $25,227.00 and the 

“collection/charge-off” status on Errant Trade Line No. 1. Further, the report 

showed that Equifax retained the status of “Late 120 Days” on Errant Trade 

Line No. 2.

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT 

BY BANK OF AMERICA

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

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15.After being informed by Experian and Equifax of Mr. Burggraf’s consumer 

dispute of the incorrect balance and incorrect status of the Errant Trade Lines, 

Bank of America negligently failed to conduct a proper investigation of Mr. 

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

16.Bank of America negligently failed to review all relevant information available 

to it and provided by Experian and Equifax in conducting its reinvestigation as 

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

Experian to correct the balance and status of the Errant Trade Lines.

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

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

reporting such trade lines.

18.As a direct and proximate cause of Bank of America’s negligent failure to 

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

anguish, suffering, humiliation and embarrassment. 

19.Bank of America is liable to Mr. Burggraf 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.

20.Mr. Burggraf has a private right of action to assert claims against Bank of 

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

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WHEREFORE, PLAINTIFF PRAYS that this court grants him a judgment 

against the Defendant Bank of America for damages, costs, interest and attorneys’ 

fees.

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

BANK OF AMERICA

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

22.After being informed by Experian and Equifax that Mr. Burggraf disputed the 

accuracy of the information it was providing, Bank of America willfully failed 

to conduct a proper reinvestigation of Mr. Burggraf’s dispute.

23.Bank of America willfully failed to review all relevant information available to 

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

24.As a direct and proximate cause of Bank of America’s willful failure to perform 

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

suffering, humiliation and embarrassment. 

25.Bank of America is liable to Mr. Burggraf 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 he may recover therefore pursuant to 15 USC 1681n.

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WHEREFORE, PLAINTIFF PRAYS that this court grants him a judgment 

against the Defendant Bank of America 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

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

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

published, and otherwise reproduced consumer reports regarding Mr. Burggraf 

as that term is defined in 15 USC 1681a.

28.Such reports contained information about Mr. Burggraf that was false, 

misleading, and inaccurate.

29.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. Burggraf, in violation of 15 USC 1681e(b).

30. After receiving Mr. Burggraf’s consumer dispute to the Errant Trade Lines, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

32.Experian is liable to Mr. Burggraf 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 grants 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

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

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

published, and otherwise reproduced consumer reports regarding Mr. Burggraf 

as that term is defined in 15 USC 1681a.

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

misleading, and inaccurate.

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

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37. After receiving Mr. Burggraf’s consumer dispute to the Errant Trade Lines, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

39.Experian is liable to Mr. Burggraf 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 grants him a judgment 

against Experian 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 EQUIFAX

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

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

published and otherwise reproduced consumer reports regarding Mr. Burggraf 

as that term is defined in 15 USC 1681a.

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42.Such reports contained information about Mr. Burggraf that was false, 

misleading and inaccurate.

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

44. After receiving Mr. Burggraf’s consumer dispute to the Errant Trade Line, 

Equifax negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation and embarrassment.

46.Equifax is liable to Mr. Burggraf 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 grants him a judgment 

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

COUNT VI

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

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

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

published and otherwise reproduced consumer reports regarding Mr. Burggraf 

as that term is defined in 15 USC 1681a.

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

misleading and inaccurate.

50.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. Burggraf, in violation of 15 USC 1681e(b).

51. After receiving Mr. Burggraf’s consumer dispute to the Errant Trade Line, 

Equifax willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

and suffering, humiliation and embarrassment.

53.Equifax is liable to Mr. Burggraf 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 grants him a judgment 

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

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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: /s/ Trinette G. Kent 

Trinette G. Kent 

Attorneys for Plaintiff,

Michael Burggraf 

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