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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:

Nitzkin & Associates

22142 West Nine Mile Road

Southfield, MI 48033

Telephone: (248) 353-2882

Facsimile: (248) 353-4840

Attorneys for Plaintiff,

Rachel Cross,

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

Rachel Cross,

Plaintiff,

vs.

Experian Information Solutions, Inc., 

an Ohio corporation.

Defendant.

Case No.: 

COMPLAINT

JURY TRIAL DEMAND

Case 2:16-cv-00311-DGC Document 1 Filed 02/03/16 Page 1 of 6
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NOW COMES THE PLAINTIFF, RACHEL CROSS, BY AND THROUGH 

COUNSEL, TRINETTE G. KENT, and for her Complaint against the Defendant, 

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 Gilbert, Maricopa County, Arizona. 

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

PARTIES

5. The Defendant to this lawsuit is Experian Information Solutions, Inc. 

(“Experian”), which is an Ohio company that maintains a registered agent in 

Maricopa County, Arizona.

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GENERAL ALLEGATIONS

6. Sometime before March 25, 2015, Plaintiff obtained her Experian credit file and 

noticed inaccuracies on the following trade lines (“Errant Trade Lines”):

a. AFNI, Account Number: XXXX1975;

b. AFNI, Account Number: XXXX2108;

c. AFNI, Account Number: XXXX1162;

d. AFNI, Account Number: XXXX7649;

e. AFNI, Account Number: XXXX8010;

f. Camelback Finance, Account Number: XXXX0259;

g. Cox Comm, 

h. Collection, Account Number: XXXX0000;

i. Collection, Account Number: XXXX0000;

j. Credit Control Bureau Inc, Account Number: XXXX0542

k. Crescent B&T, Account Number: XXXX3862; 

l. Midland Fund, Accoun Number: XXXX4193; and

m. Qwest.

7. On or about March 25, 2015, Mrs. Cross submitted a letter to Experian,

disputing the Errant Trade Lines.

8. On or about September 9, 2015, Mrs. Cross received a letter from Experian,

stating that it received a suspicious request and determined that it was not sent 

by Mrs. Cross. Experian stated that it would not be initiating any disputes 

based on the suspicious correspondence and that it would apply this same 

policy to any future suspicious requests that it received.

9. Experian refused to investigate Mrs. Cross’ dispute, in violation of the Fair 

Credit Reporting Act. 

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COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mrs. Cross as 

that term is defined in 15 USC 1681a.

12.Such reports contained information about Mrs. Cross that was false, misleading,

and inaccurate.

13.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 Mrs. Cross, in violation of 15 USC 1681e(b).

14. After receiving Mrs. Cross’ consumer dispute to the Errant Trade Lines, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

duties under the FCRA, Mrs. Cross has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

16.Experian is liable to Mrs. Cross by reason of its violation of the FCRA in an 

amount to be determined by the trier fact together with her reasonable 

attorneys’ fees pursuant to 15 USC 1681o. 

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WHEREFORE, PLAINTIFF PRAYS that this court grant her a judgment 

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

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EXPERIAN

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

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

published, and otherwise reproduced consumer reports regarding Mrs. Cross as 

that term is defined in 15 USC 1681a.

19.Such reports contained information about Mrs. Cross that was false, misleading,

and inaccurate.

20.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 Mrs. Cross, in violation of 15 USC 1681e(b).

21. After receiving Mrs. Cross’ consumer dispute to the Errant Trade Lines, 

Experian willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

duties under the FCRA, Mrs. Cross has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

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23.Experian is liable to Mrs. Cross by reason of its violations of the FCRA in an 

amount to be determined by the trier of fact together with her reasonable 

attorneys’ fees pursuant to 15 USC 1681n. 

WHEREFORE, PLAINTIFF PRAYS that this court grant her a judgment 

against Experian 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: February 3, 2016 NITZKIN & ASSOCIATES

By: /s/ Trinette G. Kent 

Trinette G. Kent

Attorneys for Plaintiff,

Rachel Cross 

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