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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

Deanne Shanklin,

Plaintiff,

– against–

Cross River Bank, Inc. d/b/a Best Egg and 

Equifax Information Services, LLC

Defendant(s).

Civil Action No. 1:20-cv-04039

COMPLAINT

COMPLAINT

Plaintiff, Deanne Shanklin (hereinafter “Plaintiff”), by and through her attorneys, 

the Law Offices of Robert S. Gitmeid & Assoc., PLLC, by way of Complaint against 

Defendants, Cross River Bank, Inc. d/b/a Best Egg (“Best Egg”), and Equifax Information 

Services, LLC (“Equifax”) alleges as follows:

INTRODUCTION

1. This is an action for damages brought by an individual consumer for Defendants’ 

violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (the 

“FCRA”) and other claims related to unlawful credit reporting practices. The 

FCRA prohibits furnishers of credit information to falsely and inaccurately 

report consumers’ credit information to credit reporting agencies. 

PARTIES

2. Plaintiff, Deanne Shanklin, is an adult citizen of the state of Illinois domiciled 

in Belleville, IL.

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3. Plaintiff is a "consumer" as defined by 15 U.S.C. § 1681a(c) of the FCRA.

4. Defendant Best Egg does business throughout the country and in the State of 

Illinois. Best Egg is a “furnisher” of consumer credit information as that term is 

used in Section 1681s-2 of the FCRA.

5. Defendant Equifax is a limited liability company, doing business throughout the 

country and in the state of Illinois. Equifax is a “consumer reporting agency” as 

defined in Section 1681a(f) of the FCRA. 

JURISDICTION AND VENUE

6. This Court has jurisdiction over Defendants because Defendants are either 

domiciled in Illinois and/or continuously do business in Illinois. 

7. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. 

§ 1331 because the rights and obligations of the parties in this action are defined 

by 15 U.S.C. § 1681 and pursuant to 15 U.S.C. § 1681p, which provides that an 

action to enforce any liability created under 15 U.S.C. § 1681 may be brought in 

any appropriate United States district court, without regard to the amount in 

controversy.

8. Venue in this district is proper pursuant to 28 U.S.C. § 1391(b)(2) because a 

substantial part of the events and omissions giving rise to Plaintiffs’ claims 

occurred in Illinois.

FACTUAL ALLEGATIONS

9. Defendant Best Egg issued an account ending in 4097 to Plaintiff; the account 

was routinely reported on Plaintiff’s consumer credit report.

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10. The consumer report at issue is a written communication of information 

concerning Plaintiff’s credit worthiness, credit standing, credit capacity, 

character, general reputation, personal characteristics, or mode of living which 

is used or for the purpose of serving as a factor in establishing the consumer’s 

eligibility for credit to be used primarily for personal, family, or household 

purposes as defined by 15 U.S.C. § 1681a(d)(1) of the FCRA. 

11. On or about August 16, 2017, Plaintiff and Best Egg entered into a settlement 

agreement for the above referenced account. A copy of the settlement agreement 

is enclosed herein as Exhibit A.

12. Pursuant to the terms of the settlement, Plaintiff was required to make twentyfour (24) monthly payments totaling $2,260.00 to settle and close her Best Egg

account. 

13. Plaintiff, via counsel, timely made the requisite settlement payments in 

compliance with the terms of the aforementioned settlement agreement. A 

redacted paid in full letter is attached hereto as Exhibit B. 

14. However, over half a year later, Plaintiff’s Best Egg account continued to be 

negatively reported. 

15. In particular, on a requested credit report dated February 20, 2020, Plaintiff’s 

Best Egg account was reported by Best Egg with a status of “CHARGE OFF,” a 

balance of $4,716.00 and a past due balance of $4,716.00. The relevant portion 

of Plaintiff’s credit report is attached hereto as Exhibit C. 

16. This trade line was inaccurately reported. The account was settled for less than 

the full balance and must be reported as such. 

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17. On or about March 4, 2020, Plaintiff notified Defendants of a dispute on the Best 

Egg account’s completeness and/or accuracy. A redacted copy of this letter and 

the certified mail receipts are attached hereto as Exhibit D.

18. Therefore, Plaintiff disputed the accuracy of the derogatory information reported 

by Best Egg to the Consumer Reporting Agencies, via certified mail in 

accordance with 15 U.S.C. § 1681i of the FCRA. 

19. In June of 2020, Plaintiff requested updated credit reports for review. The trade 

line for the Best Egg account in question remained inaccurate, as Defendants 

failed to correct the inaccuracy. The relevant portion of the June 2020 credit 

reports is attached hereto as Exhibit E.

20. Equifax did not notify Best Egg of the disputes by Plaintiff in accordance with 

the FCRA, or alternatively, did notify Best Egg and Best Egg failed to properly 

investigate and delete the trade line or properly update the trade line on Plaintiff’s

credit reports. 

21. If Best Egg did perform a reasonable investigation of Plaintiff’s dispute, 

Plaintiff’s Best Egg account would be updated to reflect a settled status with a 

$0 balance. 

22. Best Egg has promised through its subscriber agreements or contracts to 

accurately update accounts, but Best Egg has nonetheless willfully, maliciously, 

recklessly, wantonly, and/or negligently failed to follow this requirement as well 

as the requirements set forth under the FCRA, which has resulted in the intended 

consequences of this information remaining on Plaintiff’s credit reports.

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23. Defendants failed to properly maintain and failed to follow reasonable 

procedures to assure maximum possible accuracy of Plaintiff’s credit 

information and Plaintiff’s credit report, concerning the account in question, thus 

violating the FCRA. These violations occurred before, during, and after the 

dispute process began with Equifax.

24. At all times pertinent hereto, Defendants were acting by and through their agents, 

servants and/or employees, who were acting within the scope and course of their 

employment, and under the direct supervision and control of the Defendants 

herein.

25. At all times pertinent hereto, the conduct of Defendants, as well as that of their 

agents, servants and/or employees, was malicious, intentional, willful, reckless, 

negligent and in wanton disregard for federal law and the rights of the Plaintiff 

herein.

CLAIM FOR RELIEF

26. Plaintiff reasserts and incorporates herein by reference all facts and allegations 

set forth above.

27. Equifax is a “consumer reporting agency,” as codified at 15 U.S.C. § 1681a(f).

28. Best Egg is an entity who, regularly and in the course of business, furnishes 

information to one or more consumer reporting agencies about its transactions or 

experiences with any consumer and therefore constitutes a “furnisher,” as 

codified at 15 U.S.C. § 1681s-2. 

29. Best Egg is reporting inaccurate credit information concerning Plaintiff to one or 

more credit bureaus as defined by 15 U.S.C. § 1681a of the FCRA.

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30. Plaintiff notified Defendants of a dispute on the account’s completeness and/or 

accuracy, as reported.

31. Best Egg failed to complete an investigation of Plaintiff’s written dispute and 

provide the results of an investigation to Plaintiff and the credit bureaus within 

the 30-day statutory period as required by 15 U.S.C. § 1681s-2(b).

32. Best Egg failed to update Plaintiff’s credit report and/or notify the credit bureaus 

that the Best Egg account in question was disputed in violation of 15 U.S.C. § 

1681s-2(b). 

33. Best Egg failed to promptly modify the inaccurate information on Plaintiff’s

credit report in violation of 15 U.S.C. § 1681s-2(b).

34. Equifax failed to delete information found to be inaccurate, reinserted the 

information without following the FCRA, or failed to properly investigate 

Plaintiff’s disputes as required by 15 U.S.C. § 1681i(a).

35. Equifax failed to maintain and failed to follow reasonable procedures to assure 

maximum possible accuracy of Plaintiff’s credit report, concerning the account 

in question, violating 15 U.S.C. § 1681e(b).

36. As a result of the above violations of the FCRA, Plaintiff suffered actual damages 

in one or more of the following forms: lower credit score, denial of credit, 

embarrassment and emotional distress caused by the inability to obtain financing 

for everyday expenses, rejection of credit card application, higher interest rates 

on loans that would otherwise be affordable and other damages that may be 

ascertained at a later date. 

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37. As a result of the above violations of the FCRA, Defendants are liable to Plaintiff 

for actual damages, punitive damages, statutory damages, attorney’s fees and 

costs.

WHEREFORE, Plaintiff demands that judgment be entered against Defendants as 

follows:

1. That judgment be entered against Defendants for actual damages 

pursuant to 15 U.S.C. § 1681n or alternatively, 15 U.S.C. § 1681o;

2. That judgment be entered against Defendants for punitive damages 

pursuant to 15 U.S.C. § 1681n;

3. That the Court award costs and reasonable attorney's fees pursuant to 15 

U.S.C. § 1681n or alternatively, 15 U.S.C. § 1681o; and

4. That the Court grant such other and further relief as may be just and 

proper.

Respectfully Submitted,

/s/ Alexander J. Mikulaschek

Alexander J. Mikulaschek, Esq.

Attorney for Plaintiff

Law Offices of Robert S. 

Gitmeid & Assoc., PLLC

55 W Monroe, Suite 560

Chicago, IL 60603

Tel: (773) 869-5400

Fax: (773) 584-0907

Alexander.M@gitmeidlaw.com

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