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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,

Michael Kortas

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Michael Kortas,

Plaintiff,

vs.

Experian Information Solutions, Inc.

an Ohio corporation,

Equifax Information Services, LLC, a 

Georgia corporation, and

WebBank, a Utah corporation,

Defendants.

Case No.: 

COMPLAINT

JURY TRIAL DEMANDED

Case 2:16-cv-00380-SRB Document 1 Filed 02/11/16 Page 1 of 11
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NOW COMES THE PLAINTIFF, MICHAEL KORTAS, 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 the Fair Credit Reporting Act (“FCRA”)

15 U.S.C. §1681p., 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 Queen Creek, 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 

corporation that maintains a registered agent in Maricopa County, 

Arizona;

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

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

and 

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c. Web Bank (“Webbank/DFS”), which is a Utah corporation that, upon 

information and belief, maintains its offices in Utah. 

GENERAL ALLEGATIONS

6. Webbank/DFS has misreported its trade line with account number 

687945012904912 (“Errant Trade Line”) on Plaintiff’s Experian and Equifax 

credit files with multiple “KD” meaning “Key Derogatory” language.

7. In July 2014, Mr. Kortas obtained his Equifax and Experian credit files and 

noticed the Errant Trade Line. At that time, he submitted letters to Equifax and 

Experian, disputing the Errant Trade Line.

8. On or about February 25, 2015, Mr. Kortas obtained his Experian and Equifax 

credit files and noticed that Webbank/DFS continued to report its Errant Trade 

Line with multiple “KDs.” 

9. On or about April 9, 2015, Mr. Kortas submitted a letter to Experian and 

Equifax, disputing the multiple “KDs” on the Errant Trade Line. 

10.Upon information and belief, Defendants Experian and Equifax forwarded Mr. 

Kortas’ dispute to Defendant Webbank/DFS.

11.In May 2015, Mr. Kortas settled the debt, which is the subject of the Errant 

Trade Line, with Dell Financial Services. Per the agreement, Dell Financial 

Services’ representative told Mr. Kortas that he would immediately update his 

credit files to show that it was settled. 

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12.After Mr. Kortas paid Dell Financial Services the settlement funds, it refused to 

provide him with anything in writing stating that it would update his credit 

report.

13.On or about September 16, 2015, Mr. Kortas obtained his Experian and Equifax 

credit reports and noticed that Webbank/DFS continued to report the multiple 

“KD” language between the months of June 2013 and May 2015 on the Errant 

Trade Line.

COUNT I

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY WEBBANK/DFS

14.Plaintiff re-alleges the above paragraphs as if recited verbatim.

15.After being informed by Experian and Equifax of the Plaintiff’s consumer 

dispute regarding the Errant Trade Line, Webbank/DFS negligently failed to 

conduct a proper reinvestigation of the Plaintiff's disputes as required by 15 

USC 1681s-2(b). 

16.Webbank/DFS negligently failed to review all relevant information available to 

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

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

Equifax to remove the multiple “KD” language from the Errant Trade Line 

from Mr. Kortas’ consumer credit files. 

Case 2:16-cv-00380-SRB Document 1 Filed 02/11/16 Page 4 of 11
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17.The Errant Trade Line is inaccurate and creating a misleading impression on 

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

reporting such trade line.

18.As a direct and proximate cause of Webbank/DFS’s negligent failure to perform 

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

suffering, humiliation, and embarrassment.

19.Webbank/DFS is liable to Mr. Kortas 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. Kortas has a private right of action to assert claims against Webbank/DFS

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

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Webbank/DFS for damages, costs, interest, and attorneys’ fees.

COUNT II

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY

WEBBANK/DFS

21.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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

accuracy of the information it was providing, Webbank/DFS willfully failed to 

conduct a proper reinvestigation of Mr. Kortas’ dispute. 

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23.Webbank/DFS willfully failed to review all relevant information available to it 

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

24.As a direct and proximate cause of Webbank/DFS’s willful failure to perform 

its respective duties under the FCRA, Mr. Kortas has suffered damages, mental 

anguish, suffering, humiliation, and embarrassment.

25.Webbank/DFS is liable to Mr. Kortas 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 that he may recover therefore pursuant to 15 USC 1681n.

WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

against Webbank/DFS 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 re-alleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Kortas as 

that term is defined in 15 USC 1681a.

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28.Such reports contained information about Mr. Kortas 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. Kortas, in violation of 15 USC 1681e(b).

30. After receiving Mr. Kortas’ consumer dispute to the Errant Trade Line, 

Experian negligently failed to conduct a reasonable reinvestigation as required 

by 15 U.S.C. 1681i.

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

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

anguish and suffering, humiliation, and embarrassment.

32.Experian is liable to Mr. Kortas 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 Experian for actual damages, costs, interest, and attorneys’ fees.

COUNT IV

WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT BY 

EXPERIAN

33.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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

published and otherwise reproduced consumer reports regarding Mr. Kortas as 

that term is defined in 15 USC 1681a.

35.Such reports contained information about Plaintiff 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. Kortas, in violation of 15 USC 1681e(b).

37. After receiving Mr. Kortas’ consumer dispute to the Errant Trade Line, 

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. Kortas has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

39.Experian is liable to Mr. Kortas 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. 

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1. WHEREFORE, PLAINTIFF PRAYS that this court grant him a judgment 

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

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

COUNT V

NEGLIGENT VIOLATION OF THE FAIR CREDIT REPORTING ACT

BY EQUIFAX

40.Plaintiff re-alleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Kortas, as

that term is defined in 15 USC 1681a.

42.Such reports contained information about Mr. Kortas 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. Kortas, in violation of 15 USC 1681e(b).

44. After receiving Mr. Kortas’ 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. Kortas has suffered actual damages, mental 

anguish and suffering, humiliation, and embarrassment.

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46.Equifax is liable to Mr. Kortas 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 the court grant 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 re-alleges the above paragraphs as if recited verbatim.

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

published, and otherwise reproduced consumer reports regarding Mr. Kortas as 

that term is defined in 15 USC 1681a.

49.Such reports contained information about Mr. Kortas 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. Kortas, in violation of 15 USC 1681e(b).

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

Equifax willfully failed to conduct a reasonable reinvestigation as required by 

15 U.S.C. 1681i.

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

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

suffering, humiliation, and embarrassment.

53.Equifax is liable to Mr. Kortas 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 Defendant Equifax for the greater of statutory or actual damages, plus punitive 

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 Kortas 

Case 2:16-cv-00380-SRB Document 1 Filed 02/11/16 Page 11 of 11