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Nicholas R. Nowicki

AZ Lic. # 029740

McDonough & Nowicki PLLC

3011 36th Avenue South, #6

Minneapolis, MN 55406

Telephone: 612-217-0257

Fax: 612-345-7016

Email: nik@mcnowick.com

Of Counsel to:

Nitzkin & Associates

22142 West Nine Mile Road

Southfield, MI 48033

Telephone: (248) 353-2882

Facsimile: (248) 353-4840

Attorney for Plaintiff,

Darby Green,

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Darby Green,

Plaintiff,

vs.

Trans Union , LLC, 

a Delaware limited liability company; and

Bank of America, National Association,

a North Carolina company.

 Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

Case 2:15-cv-02359-SPL Document 1 Filed 11/19/15 Page 1 of 10
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NOW COMES THE PLAINTIFF, DARBY GREEN, BY AND THROUGH 

COUNSEL, Nicholas Nowicki, 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 Scottsdale, Maricopa County, Arizona. 

4. Venue is proper in the Phoenix Division. 

PARTIES

5. The Defendants to this lawsuit are:

a. Trans Union, LLC (“Trans Union”), a Delaware company that maintains 

a registered agent in Maricopa County, Arizona; and

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

Carolina corporation that maintains a registered agent in Maricopa 

County, Arizona.

Case 2:15-cv-02359-SPL Document 1 Filed 11/19/15 Page 2 of 10
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GENERAL ALLEGATIONS

6. BOA is reporting its trade line with account number 681790XXXX (“Errant 

Trade Line”) on Plaintiff’s Trans Union credit file with a balance and past due 

amount of $47,615.00. Further, Bank of America is reporting its trade line with 

multiple charge offs.

7. In 2010, Mr. Green had a short sale on the property, which is the subject of this 

trade line, and therefore does not owe the balance or past due amount.

8. In December 2014, Mr. Green began disputing the Errant Trade Line.

9. On or about April 22, 2015, Mr. Green obtained his Trans Union credit file and 

noticed multiple charge offs on the Errant Trade Line, as well as a balance and 

past due amount $47,615.00.

10. On or about May 7, 2015, Mr. Green submitted a letter to Trans Union 

disputing the multiple charge offs on the Errant Trade Line, the balance, and the 

past due amount. 

11.Upon information and belief, Trans Union transmitted Mr. Green’s consumer 

dispute to Trans Union.

12. On or about May 19, 2015, Mr. Green received investigation results from 

Trans Union which stated that the Errant Trade Line was retained with a 

balance of $47,615.00, a past due amount of $47,615.00, and multiple charge 

offs.

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COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT 

BY BOA

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

14. After being informed by Trans Union of Mr. Green’s consumer dispute of the

balance, past due amount, and multiple charge offs on the Errant Trade Line, 

BOA negligently failed to conduct a proper investigation of Mr. Green’s 

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

15. BOA 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 

balance of $47,615.00, past due amount of $47,615.00, and multiple charge offs

on the Errant Trade Line.

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

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

trade line.

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

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

suffering, humiliation and embarrassment. 

Case 2:15-cv-02359-SPL Document 1 Filed 11/19/15 Page 4 of 10
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18. BOA is liable to Mr. Green 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.

19. Mr. Green 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 the Defendant BOA for damages, costs, interest and attorneys’ fees.

. 

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

BOA

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

21. After being informed by Trans Union that Mr. Green disputed the accuracy of 

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

reinvestigation of Mr. Green’s dispute.

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

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

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

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

humiliation and embarrassment. 

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24. BOA is liable to Mr. Green for either statutory damages or actual damages they 

have 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 they may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against the Defendant 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 TRANS UNION

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

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

published and otherwise reproduced consumer reports regarding Mr. Green as 

that term is defined in 15 USC 1681a.

27. Such reports contained information about Mr. Green that was false, misleading 

and inaccurate.

Case 2:15-cv-02359-SPL Document 1 Filed 11/19/15 Page 6 of 10
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28. 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. Green, in violation of 15 USC 

1681e(b).

29. After receiving Mr. Green’s consumer dispute to the Errant Trade Line, Trans 

Union negligently failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation and embarrassment.

31. Trans Union is liable to Mr. Green 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 IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY TRANS UNION

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

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

published and otherwise reproduced consumer reports regarding Mr. Green as 

that term is defined in 15 USC 1681a.

34.Such reports contained information about Mr. Green that was false, misleading 

and inaccurate.

35. 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. Green, in violation of 15 USC 1681e(b).

36. After receiving Mr. Green’s consumer dispute to the Errant Trade Line, Trans 

Union willfully failed to conduct a reasonable reinvestigation as required by 15 

U.S.C. 1681i.

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

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

and suffering, humiliation and embarrassment.

38. Trans Union is liable to Mr. Green 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. 

Case 2:15-cv-02359-SPL Document 1 Filed 11/19/15 Page 8 of 10
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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 attorneys’ fees.

JURY DEMAND

Plaintiff hereby demands a trial by Jury. 

DATED: November 19, 2015 McDONOUGH & NOWICKI PLLC

/s/ Nicholas R. Nowicki

Nicholas R. Nowicki

AZ Lic. # 029740

McDonough & Nowicki PLLC

3011 36th Avenue South, #6

Minneapolis, MN 55406

Telephone: 612-217-0257

Fax: 612-345-7016

Email: nik@mcnowick.com

Attorneys for Plaintiff,

Darby Green

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