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Russell S. Thompson, IV (029098)

Joseph Panvini (028359)

Thompson Consumer Law Group, PLLC

5235 E. Southern Ave., D106-618

Mesa, AZ 85206 

602-388-8898

866-317-2674 facsimile

rthompson@consumerlawinfo.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Yevette Frederick,

Plaintiff,

vs.

Capital One Bank USA, N.A. and Experian 

Information Solutions, Inc.,

Defendants.

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Case No.

COMPLAINT AND TRIAL BY JURY 

DEMAND

 

NATURE OF ACTION

1. This is an action for damages brought by Yevette Frederick (“Plaintiff”), an 

individual, pursuant to the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq.

against Experian Information Solutions, Inc. (“Experian”), and Capital One Bank USA, 

N.A. (“Capital One”) (collectively, “Defendants”). 

JURISDICTION AND VENUE

2. Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. § 

1331.

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3. Venue is proper before this Court pursuant to 28 U.S.C. § 1391(b), where 

the acts and transactions giving rise to Plaintiff’s action occurred in this district, where 

Plaintiff resides in this district, and where Defendants transact business in this district. 

PARTIES

4. Plaintiff is a natural person residing in the State of Arizona, County of 

Maricopa, and City of Phoenix. 

5. Plaintiff is a “consumer” as defined by the 15 U.S.C. § 1681a(c).

6. Experian is a for-profit foreign corporation authorized to do business in the 

State of Arizona, and is engaged in the business of assembling or evaluating consumer 

credit information or other information on consumers for the purpose of reporting or 

furnishing consumer reports to third parties.

7. Experian uses a means or facility of interstate commerce for the purpose of 

preparing or furnishing consumer reports.

8. Experian is a “consumer reporting agency” as defined by 15 U.S.C. § 

1681a(f). 

9. Capital One, is a for-profit financial institution authorized to do business in 

the State of Arizona that furnishes information to consumer reporting agencies. 

10. Capital One is a “person” as defined by 15 U.S.C. § 1681a(c). 

11. Capital One uses a means or facility of interstate commerce for the purpose 

of furnishing information to consumer reporting agencies.

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FACTUAL ALLEGATIONS

12. On or around May 7, 2008, a Capital One credit card account, number 

51720572****, was opened in Plaintiff’s name (the “Account”).

13. Plaintiff did not open the Account.

14. In fact, Plaintiff was not in the United States of America at the time the 

account was opened, and was outside of the country from August 14, 2007 until 2010.

15. In October 2013, Plaintiff disputed the accuracy of the Account with 

Experian as reported in Plaintiff’s Experian credit file.

16. Upon information and belief, Experian provided Capital One with notice of 

Plaintiff’s dispute.

17. Experian responded to Plaintiff’s dispute showing the investigation results 

as verified with no change.

18. Despite that the account is fraudulent, it continues to appear on Plaintiff’s 

credit report, impacting her ability to purchase and benefit from credit.

COUNT I

VIOLATION OF 15 U.S.C. § 1681e(b) 

EXPERIAN

19. Plaintiff repeats and re-alleges each and every factual allegation above.

20. Experian violated 15 U.S.C. § 1681e(b) by failing to establish or to follow 

reasonable procedures to assure maximum possible accuracy in the preparation of the 

credit report and credit files it published and maintained concerning Plaintiff.

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21. As a result of Experian’s conduct as described herein, Plaintiff has suffered 

damages including, but not limited to, loss of credit, loss of the ability to purchase and 

benefit from credit, and time and expense disputing the incorrect reporting.

22. Experian’s conduct, actions, and/or inaction was willful, rendering it liable 

to Plaintiff for damages pursuant to 15 U.S.C. § 1681n. 

23. In the alternative, Experian’s conduct, action(s), and/or inaction was 

negligent, entitling Plaintiff to recover damages under 15 U.S.C. § 1681o.

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that Experian violated 15 U.S.C. § 1681e(b);

b) Awarding Plaintiff statutory or actual damages, pursuant to 15 U.S.C. §§ 

1681n(a)(1)(A) and 1681o(a);

c) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action, pursuant to 15 U.S.C. § 1681n(a)(3) and 1681o(a);

d) Awarding Plaintiff punitive damages, pursuant to 15 U.S.C. § 1681n(a)(2);

e) Awarding such other and further relief as the Court may deem just and 

proper.

COUNT II

VIOLATION OF 15 U.S.C. § 1681i 

EXPERIAN

24. Plaintiff repeats and re-alleges each and every factual allegation above.

25. Experian violated 15 U.S.C. § 1681i by failing to correct inaccurate 

information in Plaintiff’s credit file after receiving actual notice of such inaccuracies, by 

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failing to conduct a lawful reinvestigation, and by otherwise failing to comply with the 

procedures outlined in that section. 

26. As a result of Experian’s conduct as described herein, Plaintiff has suffered 

damages including, but not limited to, loss of credit, loss of the ability to purchase and 

benefit from credit, and time and expense disputing the incorrect reporting.

27. Experian’s conduct, actions, and/or inaction was willful, rendering it liable 

to Plaintiff for damages pursuant to 15 U.S.C. § 1681n. 

28. In the alternative, Experian’s conduct, action(s), and/or inaction was 

negligent, entitling Plaintiff to recover damages under 15 U.S.C. § 1681o.

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that Experian violated 15 U.S.C. § 1681i;

b) Awarding Plaintiff statutory or actual damages, pursuant to 15 U.S.C. §§ 

1681n(a)(1)(A) and 1681o(a);

c) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action, pursuant to 15 U.S.C. § 1681n(a)(3) and 1681o(a);

d) Awarding Plaintiff punitive damages, pursuant to 15 U.S.C. § 1681n(a)(2);

e) Awarding such other and further relief as the Court may deem just and 

proper.

COUNT III

VIOLATION OF 15 U.S.C. § 1681s-2(b) 

CAPITAL ONE

29. Plaintiff repeats and re-alleges each and every factual allegation above.

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30. Capital One violated 15 U.S.C. § 1681s-2(b) by failing to fully and 

properly investigate the Plaintiff’s dispute of the reporting of inaccurate information 

about Plaintiff to consumer reporting agencies, by failing to review all relevant 

information regarding the same, and by failing to appropriately respond to the consumer 

reporting agency. 

31. As a result of Capital One’s conduct as described herein, Plaintiff has 

suffered damages including, but not limited to, loss of credit, loss of the ability to 

purchase and benefit from credit, and time and expense disputing the incorrect reporting.

32. Capital One’s conduct, actions, and/or inaction was willful, rendering it 

liable to Plaintiff for damages pursuant to 15 U.S.C. § 1681n. 

33. In the alternative, Capital One’s conduct, action(s), and/or inaction was 

negligent, entitling Plaintiff to recover damages under 15 U.S.C. § 1681o.

WHEREFORE, Plaintiff prays for relief and judgment, as follows: 

a) Adjudging that Capital One violated 15 U.S.C. § 1681s-2(b);

b) Awarding Plaintiff statutory or actual damages, pursuant to 15 U.S.C. §§ 

1681n(a)(1)(A) and 1681o(a);

c) Awarding Plaintiff reasonable attorneys’ fees and costs incurred in this 

action, pursuant to 15 U.S.C. §§ 1681n(a)(3) and 1681o(a);

d) Awarding Plaintiff punitive damages, pursuant to 15 U.S.C. § 1681n(a)(2);

e) Awarding such other and further relief as the Court may deem just and 

proper.

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TRIAL BY JURY

34. Plaintiff is entitled to and hereby demands a trial by jury.

Dated: September 25, 2015

Respectfully submitted,

s/ Russell S. Thompson IV

Russell S. Thompson IV (029098)

Thompson Consumer Law Group, PLLC

5235 E. Southern Ave., D106-618

Mesa, AZ 85206 

602-388-8898

866-317-2674 facsimile

rthompson@consumerlawinfo.com

s/ Joseph Panvini

Joseph Panvini (028359)

Thompson Consumer Law Group, PLLC

5235 E. Southern Ave., D106-618

Mesa, AZ 85206 

602-388-8875

866-317-2674 facsimile

jpanvini@consumerlawinfo.com

Attorneys for Plaintiff

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