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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,

Louis La Rue,

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Louis La Rue,

Plaintiff,

vs.

Experian Information Solutions, Inc., 

an Ohio corporation; and Chase Bank 

USA, NA, a Delaware corporation,

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

Case 2:16-cv-00024-JJT Document 1 Filed 01/06/16 Page 1 of 9
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NOW COMES THE PLAINTIFF, LOUIS LA RUE, 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, 15 U.S.C. §1692k(d) 

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 Phoenix, Maricopa County, Arizona. 

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

PARTIES

5. The Defendants to this lawsuit are as follows:

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

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

and

b. Chase Bank USA, NA (“Chase”), which is a national association with its 

registered offices located in Wilmington, Delaware. 

Case 2:16-cv-00024-JJT Document 1 Filed 01/06/16 Page 2 of 9
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GENERAL ALLEGATIONS

6. Chase is reporting its trade line with account number 541822378672 (“Errant 

Trade Line”).... on Plaintiff’s Experian credit file with multiple charge offs.

7. These multiple charge offs convey to any user or prospective of Plaintiff's credit 

reports that, not only did a charge off incur on a particular date, but for several 

months thereafter. These repetitive charge off notations are far more punitive 

and misleading than informative.

8. On or about May 28, 2015, Mr. La Rue obtained his Experian credit file and 

noticed the multiple charge offs on the Errant Trade Line. 

9. On or about September 15, 2015, Mr. La Rue submitted a letter to Experian,

disputing the multiple charge offs on the Errant Trade Line.

10.Upon information and belief, Defendant Experian forwarded Mr. La Rue’s 

dispute to Chase.

11.On or about September 28, 2015, Mr. La Rue received Experian’s investigation 

results, which showed that Chase retained the multiple charge offs on the Errant 

Trade Line.

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COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mr. La Rue as 

that term is defined in 15 USC 1681a.

14.Such reports contained information about Mr. La Rue that was false, 

misleading, and inaccurate.

15.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. La Rue, in violation of 15 USC 1681e(b).

16. After receiving Mr. La Rue’s consumer dispute to the Errant Trade Line, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

18.Experian is liable to Mr. La Rue 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. 

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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

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

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

published, and otherwise reproduced consumer reports regarding Mr. La Rue as 

that term is defined in 15 USC 1681a.

21.Such reports contained information about Mr. La Rue that was false, 

misleading, and inaccurate.

22.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. La Rue, in violation of 15 USC 1681e(b).

23. After receiving Mr. La Rue’s consumer dispute to the Errant Trade Line, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

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25.Experian is liable to Mr. La Rue 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 Experian 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 CHASE

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

27.After being informed by Experian of the Plaintiff’s consumer dispute to the 

Errant Trade Line, Chase negligently failed to conduct a proper investigation of 

Mr. La Rue’s dispute as required by 15 USC 1681s-2(b). 

28.Chase negligently failed to review all relevant information available to it and 

provided by Experian in conducting its reinvestigation as required by 15 USC 

1681s-2(b). Specifically, it failed to direct Experian to remove the multiple 

charge offs on the Errant Trade Line.

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

Mr. La Rue’s consumer credit file with Experian to which it is reporting such 

trade line.

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30.As a direct and proximate cause of Chase’s negligent failure to perform its 

duties under the FCRA, Mr. La Rue has suffered damages, mental anguish, 

suffering, humiliation and embarrassment.

31.Chase is liable to Mr. La Rue 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. 

32.The Plaintiff has a private right of action to assert claims against Chase arising 

under 15 USC 1681s-2(b).

1.

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

judgment against the Defendant Chase for damages, costs, interest and attorneys’ fees.

 COUNT IV

 WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

 BY CHASE

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

34.After being informed by Experian that Mr. La Rue disputed the accuracy of the 

information it was providing, Chase willfully failed to conduct a proper 

investigation of Mr. La Rue’s dispute. 

35.Chase willfully failed to review all relevant information available to it and 

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

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36.As a direct and proximate cause of Chase’s willful failure to perform its 

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

anguish, suffering, humiliation and embarrassment.

37.Chase is liable to Mr. La Rue 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.

3. WHEREFORE, PLAINTIFF PRAYS that this court grant him a 

judgment against Chase for the greater of statutory or actual damages, plus punitive 

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

JURY DEMAND

Plaintiff hereby demands a trial by Jury. 

DATED: January 6, 2016

NITZKIN & ASSOCIATES

By: /s/ Trinette G. Kent 

Trinette G. Kent 

Attorneys for Plaintiff,

Louis Rue 

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