Suzanne L. Walsh v. Bank of America N.A., et al

Filing 59

ORDER Granting 56 Stipulation for Leave to Amend Complaint. Signed by Chief Judge Gloria M. Navarro on 9/27/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 1 of 27

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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Michael Kind, Esq. (SBN: 13903)
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, NV 89117
Phone: [phone] x7
FAX: [phone]
[e-mail]
David H. Krieger, Esq. (SBN: 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Phone: [phone]
FAX: [phone]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SUZANNE L. WALSH,

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Case No.:2:15-cv-02353-GMN-GWF
Member: 2:15-cv-02354-GMN-GWF

Plaintiff,
v.

STIPULATION FOR LEAVE TO
AMEND COMPLAINT

BANK OF AMERICA, N.A.,
CAPITAL ONE BANK (USA),
N.A., SPECIALIZED LOAN
SERVICING, LLC, EQUIFAX
INFORMATION SERVICES,
LLC, MORTGAGE SERVICE
CENTER, ROUNDPOINT
MORTGAGE and EXPERIAN
INFORMATION SOLUTIONS,
INC.,
Defendants.

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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

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Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 2 of 27

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Plaintiff Suzanne L. Walsh Specialized Loan Servicing, LLC and Experian

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Information Solutions, Inc. stipulate, pursuant to Rule 15 of the Federal Rule of

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Civil Procedure, for leave for Plaintiff to file an Amended Complaint, a copy of

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which is attached hereto as Exhibit A. This stipulation is made and based upon the

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Memorandum of Points and Authorities filed herewith.

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DATED this 8th day of September 2016.

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Respectfully Submitted,

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KAZEROUNI LAW GROUP, APC

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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By: /s/ Michael Kind
Michael Kind, Esq.
7854 W. Sahara Avenue
Las Vegas, NV 89117
Attorneys for Plaintiff

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STIP. TO AMEND COMPL.

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 3 of 27

MEMORANDUM OF POINTS AND AUTHORITIES

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Plaintiff Suzanne L. Walsh (“Plaintiff”) seeks, and the parties stipulate and

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have provided written consent under Rule 15(a)(2), for Plaintiff to file the proposed

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Amended Complaint, attached hereto as Exhibit A.
Good cause exists to allow Plaintiff to amend.

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The proposed Amended

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Complaint only relates to additional allegations against Specialized Loan Servicing

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(“SLS”). The purpose of the amendment is to clarify Plaintiff’s claims against SLS

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and to drop certain claims against SLS (contemporaneously with this motion

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Plaintiff and SLS have filed a stipulation to dismiss, with prejudice, claims relating
to Equifax).

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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There are no new allegations relating to Experian Information

Solutions, Inc. (“Experian”) and Experian has already settled their disputes with

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Plaintiff and anticipate filing dismissal documents shortly.1 ECF No. 48.

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In the Complaint, Plaintiff alleges that SLS violated the Fair Credit Reporting

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Act (“FCRA”) relating to a dispute letter Plaintiff sent Experian in March 2014.

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The Amended Complaint adds allegations relating to a second letter Plaintiff sent to

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Experian in July 2014. Plaintiff contends and alleges that this letter is a dispute

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letter under the FCRA, that Experian was required to notify SLS regarding this

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dispute letter, SLS was required to conduct an investigation as a result of this

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dispute letter and that SLS did not do so. The details regarding this letter became

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clear to Plaintiff from written discovery and depositions that took place in late July

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and early August.

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While SLS denies any liability relating to the March or July letter, SLS

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stipulates and consents to this amendment under Rule 15(a)(2), reserving all rights

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and defenses (including the right to file a dispositive motion), under Rule 15’s

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liberal standard, in order to avoid costly motions practice relating to whether the

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The only other remaining party in this case is Mortgage Service Center (“MSC”). Plaintiff and
MSC have already filed their stipulation to dismiss Plaintiff’s claims against MSC pending before
this Court. ECF No. 53.
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STIP. TO AMEND COMPL.

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 4 of 27

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Court should allow the amendment and to move the case forward, all in accordance

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with Rule 1.
This is the first time Plaintiff has sought to amend. While Plaintiff and SLS

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moved yesterday for a short extension to file dispositive motions and file the joint

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pre-trial order [ECF No. 52] based on this motion, the parties do not seek to reopen

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discovery and agree that the amendment will not cause undue delay or unduly

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prejudice the parties.

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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STIP. TO AMEND COMPL.

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Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 5 of 27

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IS IT THEREFORE STIPULATED and the Parties request that this Court:

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(1) allow Plaintiff to file her Amended Complaint, attached hereto as

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Exhibit A;
(2) require SLS to answer or otherwise respond to the Amended Complaint
within 14 days after service; and
(3) Experian has no obligation to and is excused from answering or
otherwise responding to the Amended Complaint.
DATED this 8th day of September 2016.

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Kazerouni Law Group, APC

Ballard Spahr LLP

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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By: /s/ Michael Kind
Michael Kind, Esq.
7854 W. Sahara Avenue
Las Vegas, NV 89117
Attorneys for Plaintiff

By: /s/ Matthew A. Morr
Matthew A. Morr, Esq.
1225 17th Street
Suite 2300
Denver, CO 80202

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Snell & Wilmer LLP

Matthew David Lamb, Esq.
1909 K Street, NW, 12th Floor
Washington, DC 20006-1157
Attorneys for Specialized Loan
Servicing, LLC

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By: /s/ Bob L. Olson
Bob L. Olson, Esq.
3883 Howard Hughes Parkway, Suite
1100
Las Vegas, NV 89169
Attorneys for Experian Information
Solutions, Inc.
IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE

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September 27, 2016
DATED: ________________________


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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 6 of 27

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY pursuant to Rule 5 of the Federal Rules of Civil

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Procedure that on September 8, 2016, the foregoing STIPULATION FOR LEAVE

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TO AMEND COMPLAINT along with Exhibit A was served via CM/ECF to all

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parties in this case.

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KAZEROUNI LAW GROUP, APC

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By: /s/ Michael Kind
Michael Kind
7854 W. Sahara Avenue
Las Vegas, NV 89117

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 7 of 27

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EXHIBIT A

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KAZEROUNI LAW GROUP, APC
7854 West Sahara Avenue
Las Vegas, Nevada 89117

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________________________________________________________________________________________________________

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 8 of 27

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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Michael Kind, Esq. (SBN: 13903)
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, NV 89117
Phone: [phone] x7
FAX: [phone]
[e-mail]
David H. Krieger, Esq. (SBN: 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Phone: [phone]
FAX: [phone]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SUZZANE L. WALSH,

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Case No.: 2:15-cv-02353-GMN-GWF

Plaintiff,

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FIRST AMENDED COMPLAINT
FOR DAMAGES PURSUANT TO
THE FAIR CREDIT REPORTING
ACT, 15 U.S.C. § 1681, ET SEQ.

v.

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MORTGAGE SERVICE
CENTER, SPECIALIZED LOAN
SERVICING, LLC and
EXPERIAN INFORMATION
SOLUTIONS, INC.

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JURY TRIAL DEMANDED

Defendants.

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FAC

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 9 of 27

INTRODUCTION

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1.

The United States Congress has found the banking system is dependent up-on
fair and accurate credit reporting. Inaccurate credit reports directly impair the

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efficiency of the banking system, and unfair credit reporting methods

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undermine the public confidence, which is essential to the continued

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functioning of the banking system. Congress enacted the Fair Credit

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Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), to ensure fair and accurate

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re-porting, promote efficiency in the banking system, and protect consumer

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privacy. The FCRA seeks to ensure consumer reporting agencies exercise

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their grave responsibilities with fairness, impartiality, and a respect for the

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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consumer’s right to privacy because consumer reporting agencies have

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assumed such a vital role in assembling and evaluating consumer credit and

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other information on consumers.

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sources that provide credit information to credit reporting agencies, called

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“furnishers.”

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2.

The FCRA also imposes duties on the

Suzanne L. Walsh (“Plaintiff”), by Plaintiff’s attorneys, brings this action to

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challenge the actions of Defendants Mortgage Service Center (“MSC”),

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Specialized Loan Servicing, LLC (“SLS”) and Experian Information

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Solutions, Inc (“Experian”) (collectively as “Defendants”), with regard to

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erroneous reports of derogatory credit information to national reporting

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agencies

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Plaintiff, including damaging Plaintiff’s creditworthiness.

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JURISDICTION AND VENUE

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Defendants failed to properly investigate Plaintiff’s disputes, causing harm to

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This Court has federal question jurisdiction because this case arises out of

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violation of federal law. 15 U.S.C. §1681 et seq.; 28 U.S.C. §1331; Smith v.

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Community Citibank, Inc., 773 F.Supp.2d 941, 946 (D. Nev. 2011).

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________________________________________________________________________________________________________

FAC

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 10 of 27

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5.

Act, 15 U.S.C. §§ 1681-1681(x) (“FCRA”).

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This action arises out of Defendants’ violations of the Fair Credit Reporting

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Venue is proper in the United States District Court for the District of Nevada

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pursuant to 28 U.S.C. § 1391(b) because Plaintiff is a resident of Clark

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County, the State of Nevada and because Defendants are subject to personal

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jurisdiction in the County of Clark, State of Nevada as they conduct business

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there. Venue is also proper because the conduct giving rise to this action

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occurred in Nevada. 28 U.S.C. § 1391(b)(2).
PARTIES

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Plaintiff is a natural person residing in the County of Clark, State of Nevada.

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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In addition, Plaintiff is a “consumer” as that term is defined by 15 U.S.C. §

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1681a(c).

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Defendant MSC is a corporation doing business in the State of Nevada.

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Defendant SLS is a corporation doing business in the State of Nevada.

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Defendant Experian is a corporation doing business in the State of Nevada.

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9.

Defendants MSC and SLS are furnishers of information as contemplated by

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15 U.S.C. § 1681s-2(b) that regularly and in the ordinary course of business

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furnish information to a consumer credit reporting agency.

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10.

Defendant Experian regularly assembles and/or evaluates consumer credit

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information for the purpose of furnishing consumer reports to third parties

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and uses interstate commerce to prepare and/or furnish the reports. Experian

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is “consumer reporting agency” as that term is defined by 15 U.S.C.

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§1681a(f), doing business with its principal place of business in Ohio.

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Unless otherwise indicated, the use of Defendants’ names in this Complaint

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includes all agents, employees, officers, members, directors, heirs, successors,

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assigns, principals, trustees, sureties, subrogees, representatives, and insurers

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of the named Defendant.

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FAC

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 11 of 27

GENERAL ALLEGATIONS

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12.

On or about April 30, 2010, Plaintiff filed for Chapter 13 Bankruptcy,

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pursuant to 11 U.S.C. § 1301 et seq., in the United States Bankruptcy Court

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for the District of Nevada. Plaintiff’s case was assigned Case Number

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10-17987 (the “Bankruptcy”).

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13.

The obligations (“Debt”) to each Defendant herein (as applicable) were

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scheduled in the Bankruptcy and each respective creditor-Defendant, or its

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predecessor in interest, received notice of the Bankruptcy.

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14.

On May 8, 2013, the Bankruptcy Court confirmed Plaintiff’s Chapter 13 Plan.

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15.

Plaintiff timely made all payments required under the terms of the Confirmed
Chapter 13 plan.

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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dischargeable” pursuant to 11 U.S.C. § 523 et seq.

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Defendants did not file any proceedings to declare its Debt “non

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Defendants did not obtain relief from the “automatic stay” codified at 11

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U.S.C. §362 et seq. while Plaintiff’s Bankruptcy was pending to pursue

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Plaintiff on any personal liability.

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On or about August 25, 2014, Plaintiff received a Bankruptcy discharge.

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Accordingly, the Debts to Defendants were discharged through the
Bankruptcy on August 25, 2014.

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Further, while the automatic stay was in effect during the Bankruptcy, it was

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illegal and inaccurate for the creditor-Defendants to report any post-

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Bankruptcy derogatory collection information, which was inconsistent with

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the Orders entered by the Bankruptcy Court.

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information as discussed herein.

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However, Defendants either reported or caused to be reported inaccurate

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Defendants’ failure to report consistent with the terms of the Chapter 13 plan

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was inaccurate since all Plaintiff’s pre-bankruptcy creditors (whether

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eventually discharged or not) were subject to repayment pursuant to the
________________________________________________________________________________________________________

FAC

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Chapter 13 plan terms while the Bankruptcy was pending and thereafter, as

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detailed herein.

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Additionally, Defendants’ inaccurate reporting did not comply with the

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Consumer Data Industry Association’s Metro 2 reporting standards, which

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provides guidance for credit reporting and FCRA compliance.

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To help furnishers comply with their requirements under the FCRA, the

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Consumer Data Industry Association (“CDIA”) publishes standard guidelines

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for reporting data called the “Metro 2 Format.”

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25.

The Metro 2 Format guidelines for credit reporting are nearly identical for
reports made during the “Months Between Petition Filed and BK Resolution”

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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and after “Plan Completed” for Chapter 13 Debtors and furnishers who

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choose to report post-bankruptcy credit information to CRAs.

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Credit Reporting Resource Guide, page 6-20, 21.

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See CDIA

Notably, the payment history and account status guidelines are the same,

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meaning that the “payment history” and “account status” should be reported

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the same way both during and after a bankruptcy proceeding. Id.

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is to delete the balance (or report a balance of $0). Id.

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The only difference in reporting a pre-discharged debt and a discharged debt

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Indeed, the guidelines direct furnishers to report an account status as it existed

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at the time the bankruptcy petition was filed and not the account status as it

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would have existed in the months following the filing of the petition if the

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petition had not been filed. Id.

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Courts rely on such guidance to determine furnisher liability. See, e.g., In re

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Helmes, 336 B.R. 105, 107 (Bankr. E.D. Va. 2005) (finding that “industry

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standards require that a debt discharged in bankruptcy be reported to a credit

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reporting agency with the notation ‘Discharged in bankruptcy’ and with a zero

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balance due”).

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________________________________________________________________________________________________________

FAC

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30.

Defendants did not conform to the Metro 2 Format when reporting on

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Plaintiff’s accounts after Plaintiff filed Bankruptcy as further set forth below.

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To this end, the adverse reporting on Plaintiff’s report departs from the credit

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industry’s own reporting standards and was therefore inaccurate under the

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CDIA’s standards as well.

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MORTGAGE SERVICE CENTER MISREPORTED CREDIT INFORMATION

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RE: ACCOUNT NO. 954600621*

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31.

In an Experian credit report dated February 11, 2015, MSC inaccurately
reported that the account was “past due” from August 2012 through May

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2014 (180 days past due). This was inaccurate in-and-of-itself since Plaintiff

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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was not past due on the account from August 2012 through May 2014 and

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was current with all his obligations to MSC during his Chapter 13

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Bankruptcy. Accordingly, MSC’s reporting that Plaintiff was past due from

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August 2012 through May 2014 was inaccurate and misleading since Plaintiff

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was fully performing under his obligations to MSC when MSC and Experian

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was reporting the account as “past due.”

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32.

MSC also reported inaccurate balances from February 2013 through May

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2014. The balances were inaccurate and misleading since MSC reported the

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information based on MSC’s pre-bankruptcy contract terms with Plaintiff,

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which were no longer enforceable upon the Chapter 2013 filing. The adverse

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information reported by MSC were based on MSC’s improper enforcement

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and reporting of pre-bankruptcy obligations, where such reporting failed to

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comply with the payment structure set forth in Plaintiff’s Chapter 13 Plan.

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Failing to report consistent with the terms of the Chapter 13 plan was

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inaccurate, since MSC was subject to repayment pursuant to the Chapter 13

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plan terms while the Bankruptcy was pending and thereafter.

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33.

On or about March 18, 2015, Plaintiff disputed MSC’s reported information
regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Experian,

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FAC

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in writing, of the incorrect and inaccurate credit information furnished by

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MSC.

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Specifically, Plaintiff sent a letter, certified, return receipt, to Experian (the

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“Experian Dispute Letter”), requesting the above inaccurate and incorrect

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derogatory information be removed as follows:

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This account was discharged in my Bankruptcy which was filed
on 4/30/2010 and discharged 8/26/2014, bearing docket No.
10-17987 in the District for Nevada. There should be no
derogatory reporting after the filing date. Specifically, please
remove the derogatory information for the following postbankruptcy dates: Aug2012 — May2014 (180 days past due).

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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This account was discharged in my Bankruptcy which was filed
on 4/30/2010 and discharged 8/26/2014, bearing docket No.
10-17987 in the District for Nevada. The balance on this
account should be "$0" and the status should be reporting as
"current". Specifically, in the Account history you show
Account Balances from Feb13 — May14.

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35.

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The Experian Dispute Letter further requested:
Immediately delete this account and the disputed derogatory
information from [Plaintiff’s] credit report.

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The discharged debt should be reported with an account balance
of $0 with a status of “current”.

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Further, there should be no post-bankruptcy activity reported on
this account. The date of last activity on this account should
pre-date my bankruptcy filing date, 6/20/2010, since a default
on this account occurred no later than the Bankruptcy filing
date.

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Any post-bankruptcy derogatory information should be
immediately deleted from [Plaintiff’s] report.

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If [Experian] do[es] not immediately delete this from
[Plaintiff’s] credit report, please include a 100-word statement

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FAC

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 15 of 27

in my credit report of all of the disputed information contained
in this letter regarding this account.

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Plaintiff’s dispute, but Experian and MSC continued reporting derogatory

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information.
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and verified the account “may be considered negative.”
39.

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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bankruptcy, triggering Experian and MSC to correct the disputed information.
40.

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§ 1681s-2(b)(1)(A).
41.

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Experian and MSC failed to review all relevant information provided by
Plaintiff in the dispute to Experian, as required by and in violation of 15

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U.SC. § 1681s-2(b)(1)(B).
42.

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Due to Experian’s and MSC’s failure to reasonably investigate, they further
failed to correct and update Plaintiff’s information as required by 15 U.S.C. §

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1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate

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Experian and MSC, upon receipt of Plaintiff’s dispute, failed to conduct an
investigation with respect to the disputed information as required by 15 U.SC.

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A reasonable investigation by Experian and MSC would have indicated that
Plaintiff timely performed all obligations to MSC after filing for Chapter 13

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On or about April 13, 2015, Plaintiff received notification from Experian that
it received notice of Plaintiff’s dispute pursuant to 15 U.SC. § 1681i(a)(6),

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Experian and MSC were required to conduct an investigation into this specific
account on Plaintiff’s consumer report pursuant to 15 U.S.C. §1681i.

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Upon receiving the Experian Dispute Letter, Experian timely notified MSC of

information in violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).
43.

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Experian and MSC re-reported the inaccurate derogatory information on
Plaintiff’s report.

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Specifically, Experian and MSC re-reported that the

account was past due from August 2012 through May 2014 (180 days past

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due), even though Plaintiff was not past due during these months, and

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inaccurate account balances from April 2013 through May 2014.

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________________________________________________________________________________________________________

FAC

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44.

Plaintiff’s continued efforts to correct Experian’s and MSC’s erroneous and

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negative reporting of the Debt by communicating Plaintiff’s dispute with

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Experian and MSC was fruitless.

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45.

Experian’s and MSC’s continued inaccurate and negative reporting of the

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Debt in light of their knowledge of the actual error was willful. Plaintiff is,

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accordingly, eligible for statutory damages.

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46.

Also as a result of Experian’s and MSC’s continued inaccurate and negative
reporting, Plaintiff has suffered actual damages, including without limitation

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credit denials, out-of-pocket expenses in challenging the Defendants’

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wrongful representations, damage to Plaintiff’s creditworthiness, and

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

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emotional distress.

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47.

By inaccurately reporting account information relating to the discharged debt

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after notice and confirmation of their errors, Experian and MSC failed to take

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the appropriate measures as required under 15 U.S.C. §§ 1681-s(2)(b)(1)(D)

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and (E).

16

MORTGAGE SERVICE CENTER MISREPORTED CREDIT INFORMATION

17

RE: ACCOUNT NO. 954600795*

18

48.

In an Experian credit report dated February 11, 2015, MSC inaccurately

19

reported that the account was “past due” from March 2014 through June 2014

20

(30 days past due). This was inaccurate in-and-of-itself since Plaintiff was

21

not past due on the account from March 2014 through June 2014 and was

22

current with all his obligations to MSC during his Chapter 13 Bankruptcy.

23

Accordingly, MSC’s reporting that Plaintiff was past due from March 2014

24

through June 2014 was inaccurate and misleading since Plaintiff was fully

25

performing under his obligations to MSC when MSC and Experian was

26

reporting the account as “past due.”

27

49.

MSC also reported inaccurate balances from February 2013 through August
2014. The balances were inaccurate and misleading since MSC reported the

28

________________________________________________________________________________________________________

FAC

!9

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 17 of 27

1

information based on MSC’s pre-bankruptcy contract terms with Plaintiff,

2

which were no longer enforceable upon the Chapter 2013 filing. The adverse

3

information reported by MSC were based on MSC’s improper enforcement

4

and reporting of pre-bankruptcy obligations, where such reporting failed to

5

comply with the payment structure set forth in Plaintiff’s Chapter 13 Plan.

6

Failing to report consistent with the terms of the Chapter 13 plan was

7

inaccurate, since MSC was subject to repayment pursuant to the Chapter 13

8

plan terms while the Bankruptcy was pending and thereafter.

9

50.

On or about March 18, 2015, Plaintiff disputed MSC’s reported information
regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Experian,

11
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

10

in writing, of the incorrect and inaccurate credit information furnished by

12

MSC.

13

51.

Specifically, Plaintiff sent a letter, certified, return receipt, to Experian (the

14

“Experian Dispute Letter”), requesting the above inaccurate and incorrect

15

derogatory information be removed as follows:

16

This account was discharged in my Bankruptcy which was filed
on 4/30/2010 and discharged 8/26/2014, bearing docket No.
10-17987 in the District for Nevada. There should be no
derogatory reporting after the filing date. Specifically, please
remove the derogatory information for the following postbankruptcy dates: Mar2014 and Jun2014 (30 days past due).

17
18
19
20
21

This account was discharged in my Bankruptcy which was filed
on 4/30/2010 and discharged 8/26/2014, bearing docket No.
10-17987 in the District for Nevada. The balance on this
account should be "$0" and the status should be reporting as
"current". Specifically, in the Account history you show
Account Balances from Feb13 — Aug14.

22
23
24
25
26
27

52.

28

The Experian Dispute Letter further requested:
Immediately delete this account and the disputed derogatory

________________________________________________________________________________________________________

FAC

! 10

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 18 of 27

information from [Plaintiff’s] credit report.

1
2

The discharged debt should be reported with an account balance
of $0 with a status of “current”.

3
4

Further, there should be no post-bankruptcy activity reported on
this account. The date of last activity on this account should
pre-date my bankruptcy filing date, 6/20/2010, since a default
on this account occurred no later than the Bankruptcy filing
date.

5
6
7
8

Any post-bankruptcy derogatory information should be
immediately deleted from [Plaintiff’s] report.

9
10

If [Experian] do[es] not immediately delete this from
[Plaintiff’s] credit report, please include a 100-word statement
in my credit report of all of the disputed information contained
in this letter regarding this account.

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

11
12
13

53.

Upon receiving the Experian Dispute Letter, Experian timely notified MSC of

14

Plaintiff’s dispute, but Experian and MSC continued reporting derogatory

15

information.

16

54.

account on Plaintiff’s consumer report pursuant to 15 U.S.C. §1681i.

17
18

Experian and MSC were required to conduct an investigation into this specific

55.

On or about April 13, 2015, Plaintiff received notification from Experian that

19

it received notice of Plaintiff’s dispute pursuant to 15 U.SC. § 1681i(a)(6),

20

and verified the account “may be considered negative.”

21

56.

A reasonable investigation by Experian and MSC would have indicated that

22

Plaintiff timely performed all obligations to MSC after filing for Chapter 13

23

bankruptcy, triggering Experian and MSC to correct the disputed information.

24

57.

Experian and MSC, upon receipt of Plaintiff’s dispute, failed to conduct an

25

investigation with respect to the disputed information as required by 15 U.SC.

26

§ 1681s-2(b)(1)(A).

27
28
________________________________________________________________________________________________________

FAC

!11

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 19 of 27

1

58.

Experian and MSC failed to review all relevant information provided by

2

Plaintiff in the dispute to Experian, as required by and in violation of 15

3

U.SC. § 1681s-2(b)(1)(B).

4

59.

Due to Experian’s and MSC’s failure to reasonably investigate, they further

5

failed to correct and update Plaintiff’s information as required by 15 U.S.C. §

6

1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate

7

information in violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

8

60.

Experian and MSC re-reported the inaccurate derogatory information on
Plaintiff’s report.

9

Specifically, Experian and MSC re-reported that the

account was past due from March 2014 through June 2014 (30 days past due),

11
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

10

even though Plaintiff was not past due during these months, and inaccurate

12

account balances from April 2013 through August 2014.

13

61.

Plaintiff’s continued efforts to correct Experian’s and MSC’s erroneous and

14

negative reporting of the Debt by communicating Plaintiff’s dispute with

15

Experian and MSC was fruitless.

16

62.

Experian’s and MSC’s continued inaccurate and negative reporting of the

17

Debt in light of their knowledge of the actual error was willful. Plaintiff is,

18

accordingly, eligible for statutory damages.

19

63.

Also as a result of Experian’s and MSC’s continued inaccurate and negative

20

reporting, Plaintiff has suffered actual damages, including without limitation

21

credit denials, out-of-pocket expenses in challenging the Defendants’

22

wrongful representations, damage to Plaintiff’s creditworthiness, and

23

emotional distress.

24

64.

By inaccurately reporting account information relating to the discharged debt

25

after notice and confirmation of their errors, Experian and MSC failed to take

26

the appropriate measures as required under 15 U.S.C. §§ 1681-s(2)(b)(1)(D)

27

and (E).

28
________________________________________________________________________________________________________

FAC

! 12

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 20 of 27

1

SPECIALIZED LOAN SERVICING, LLC MISREPORTED CREDIT INFORMATION

2

RE: ACCOUNT NO. 100876*

3

— THE MARCH DISPUTE —

4

65.

In an Experian credit report dated February 11, 2015, SLS inaccurately

5

reported that Plaintiff owed a balance of over $76,000 from September 2014

6

through October 2014.

7

balance from August 2014 because Plaintiff discharged SLS’s debt in August

8

2014. There was a $0 balance due any time after the debt was discharged in

9

August 2014 and SLS’s reporting of account balances in September 2014 and
October 2014 was inaccurate.

10
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

11

This was inaccurate since Plaintiff did not owe a

66.

On or about March 18, 2015, Plaintiff disputed SLS’s reported information

12

regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Experian,

13

in writing, of the incorrect and inaccurate credit information furnished by

14

SLS.

15

67.

Specifically, Plaintiff sent a letter, certified, return receipt, to Experian (the

16

“Experian Dispute Letter”), requesting the above inaccurate and incorrect

17

derogatory information be removed as follows:

18

This account was discharged in my Bankruptcy which was f led
on 4/30/2010 and discharged 8/26/2014, bearing docket No.
10-17987 in the District for Nevada. The balance on this
account should be "$0" and the status should be reporting as
"current". Specifically, you show balances from Sep14 —
Oct14.

19
20
21
22
23

68.

The Experian Dispute Letter further requested:

24
Immediately delete this account and the disputed derogatory
information from [Plaintiff’s] credit report.

25
26

The discharged debt should be reported with an account balance
of $0 with a status of “current”.

27
28

________________________________________________________________________________________________________

FAC

! 13

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 21 of 27

Further, there should be no post-bankruptcy activity reported on
this account. The date of last activity on this account should
pre-date my bankruptcy filing date, 4/30/2010, since a default
on this account occurred no later than the Bankruptcy filing
date.

1
2
3
4

Any post-bankruptcy derogatory information should be
immediately deleted from [Plaintiff’s] report.

5
6

If [Experian] do[es] not immediately delete this from
[Plaintiff’s] credit report, please include a 100-word statement
in my credit report of all of the disputed information contained
in this letter regarding this account.

7
8
9
10

69.

SLS of Plaintiff’s dispute pursuant to 15 U.S.C. §1681i.

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

11
12

70.
71.

and verified the account “may be considered negative.”

16
72.

Experian and SLS to correct the disputed information.

19
73.

§ 1681s-2(b)(1)(A).

22
74.

Experian and SLS failed to review all relevant information provided by
Plaintiff in the dispute to Experian, as required by and in violation of 15

24

U.SC. § 1681s-2(b)(1)(B).

25
26

Experian and SLS, upon receipt of Plaintiff’s dispute, failed to conduct an
investigation with respect to the disputed information as required by 15 U.SC.

21
23

A reasonable investigation by Experian and SLS would have indicated that
SLS’s debt was discharged in Plaintiff’s Chapter 13 bankruptcy, triggering

18
20

On or about April 13, 2015, Plaintiff received notification from Experian that
it received notice of Plaintiff’s dispute pursuant to 15 U.SC. § 1681i(a)(6),

15
17

SLS was required to conduct an investigation into this specific account on
Plaintiff’s consumer report pursuant to 15 U.S.C. §1681i.

13
14

Upon receiving the Experian Dispute Letter, Experian was required to notify

75.

Due to Experian’s and SLS’s failure to reasonably investigate, they further
failed to correct and update Plaintiff’s information as required by 15 U.S.C. §

27
28

________________________________________________________________________________________________________

FAC

! 14

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 22 of 27

1

1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate

2

information in violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

3

76.

Experian and SLS re-reported the inaccurate derogatory information on

4

Plaintiff’s report. Specifically, Experian and SLS re-reported that Plaintiff

5

owed balances from September 2014 through October 2014, even though

6

SLS’s debt had been discharged in August 2014.

7

77.

Plaintiff’s continued efforts to correct Experian’s and SLS’s erroneous and

8

negative reporting of the Debt by communicating Plaintiff’s dispute with

9

Experian and SLS was fruitless.

10

78.

Experian’s and SLS’s continued inaccurate and negative reporting of the Debt

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

11

in light of their knowledge of the actual error was willful.

12

accordingly, eligible for statutory damages.

13

79.

Plaintiff is,

Also as a result of Experian’s and SLS’s continued inaccurate and negative

14

reporting, Plaintiff has suffered actual damages, including without limitation

15

credit denials, out-of-pocket expenses in challenging the Defendants’

16

wrongful representations, damage to Plaintiff’s creditworthiness, and

17

emotional distress.

18

80.

By inaccurately reporting account information relating to the discharged debt

19

after notice and confirmation of their errors, Experian and SLS failed to take

20

the appropriate measures as required under 15 U.S.C. §§ 1681-s(2)(b)(1)(D)

21

and (E).

22

SPECIALIZED LOAN SERVICING, LLC MISREPORTED CREDIT INFORMATION

23

RE: ACCOUNT NO. 100876*

24

— THE JULY DISPUTE —

25

81.

In an Experian credit report dated April 13, 2015, SLS inaccurately reported

26

that Plaintiff owed a balance of over $76,000 from September 2014 through

27

October 2014. This was inaccurate since Plaintiff did not owe a balance from

28

August 2014 because Plaintiff discharged SLS’s debt in August 2014. There
________________________________________________________________________________________________________

FAC

! 15

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 23 of 27

1

was a $0 balance due any time after the debt was discharged in August 2014

2

and SLS’s reporting of account balances in September 2014 and October 2014

3

was inaccurate.

4

82.

On or about July 8, 2015, Plaintiff disputed SLS’s reported information

5

regarding the Debt pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Experian,

6

in writing, of the incorrect and inaccurate credit information furnished by

7

SLS.

8

83.

“Experian Dispute Letter”), requesting the above inaccurate and incorrect

9

derogatory information be removed as follows:

10
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

11

This account was discharged in my Bankruptcy which was f led
on 4/30/2010 and discharged 8/26/2014, bearing docket No.
10-17987 in the District for Nevada. The balance on this
account should be "$0" and the status should be reporting as
"current". Specifically, you show balances from Sep14 —
Oct14.

12
13
14
15
16

Specifically, Plaintiff sent a letter, certified, return receipt, to Experian (the

84.

The Experian Dispute Letter further requested:

17
Immediately delete this account and the disputed derogatory
information from [Plaintiff’s] credit report.

18
19

The discharged debt should be reported with an account balance
of $0 with a status of “current”.

20
21

Further, there should be no post-bankruptcy activity reported on
this account. The date of last activity on this account should
pre-date my bankruptcy filing date, 4/30/2010, since a default
on this account occurred no later than the Bankruptcy filing
date.

22
23
24
25

Any post-bankruptcy derogatory information should be
immediately deleted from [Plaintiff’s] report.

26
27

If [Experian] do[es] not immediately delete this from

28

________________________________________________________________________________________________________

FAC

! 16

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 24 of 27

[Plaintiff’s] credit report, please include a 100-word statement
in my credit report of all of the disputed information contained
in this letter regarding this account.

1
2
3

85.

Plaintiff’s dispute pursuant to 15 U.S.C. §1681i on July 22, 2016.

4
5

Upon receiving the Experian Dispute Letter, Experian gave notice to SLS of

86.

SLS was required to conduct an investigation into this specific account on
Plaintiff’s consumer report pursuant to 15 U.S.C. §1681s-2(b).

6
7

87.

SLS responded to Experian on July 23, 2016.

8

88.

On or about August 7, 2015, Plaintiff received notification from Experian that
it investigated Plaintiff’s dispute pursuant to 15 U.SC. § 1681i(a)(6), and

9

verified the account “may be considered negative.”

10
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

11

89.

A reasonable investigation by Experian and SLS would have indicated that

12

SLS’s debt was discharged in Plaintiff’s Chapter 13 bankruptcy, triggering

13

Experian and SLS to correct the disputed information.

14

90.

Experian and SLS, upon receipt of Plaintiff’s dispute, failed to conduct an

15

investigation with respect to the disputed information as required by 15 U.SC.

16

§ 1681s-2(b)(1)(A).

17

91.

Experian and SLS failed to review all relevant information provided by

18

Plaintiff in the dispute to Experian, as required by and in violation of 15

19

U.SC. § 1681s-2(b)(1)(B).

20

92.

Due to Experian’s and SLS’s failure to reasonably investigate, they further

21

failed to correct and update Plaintiff’s information as required by 15 U.S.C. §

22

1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate

23

information in violation of 15 U.S.C. § 1681-s(2)(b)(1)(C).

24

93.

Experian and SLS re-reported the inaccurate derogatory information on

25

Plaintiff’s report. Specifically, Experian and SLS re-reported that Plaintiff

26

owed balances from September 2014 through October 2014, even though

27

SLS’s debt had been discharged in August 2014.

28
________________________________________________________________________________________________________

FAC

! 17

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 25 of 27

1

94.

Plaintiff’s continued efforts to correct Experian’s and SLS’s erroneous and

2

negative reporting of the Debt by communicating Plaintiff’s dispute with

3

Experian and SLS was fruitless.

4

95.

Experian’s and SLS’s continued inaccurate and negative reporting of the Debt

5

in light of their knowledge of the actual error was willful.

6

accordingly, eligible for statutory damages.

7

96.

Plaintiff is,

Also as a result of Experian’s and SLS’s continued inaccurate and negative
reporting, Plaintiff has suffered actual damages, including without limitation

9

credit denials, out-of-pocket expenses in challenging the Defendants’

10

wrongful representations, damage to Plaintiff’s creditworthiness, and

11
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

8

emotional distress.

12

97.

By inaccurately reporting account information relating to the discharged debt

13

after notice and confirmation of their errors, Experian and SLS failed to take

14

the appropriate measures as required under 15 U.S.C. §§ 1681-s(2)(b)(1)(D)

15

and (E)

16

FIRST CAUSE OF ACTION

17

VIOLATION OF THE FAIR CREDIT REPORTING ACT

18

15 U.S.C. § 1681 ET SEQ. (FCRA)

19

98.

Complaint as though fully stated herein.

20
21

Plaintiff incorporates by reference all of the above paragraphs of this

99.

The foregoing acts and omissions constitute numerous and multiple willful,

22

reckless or negligent violations of the FCRA, including but not limited to

23

each and every one of the above-cited provisions of the FCRA, 15 U.S.C §

24

1681.

25

100. As a result of each and every willful violation of the FCRA, Plaintiff is

26

entitled to actual damages as the Court may allow pursuant to 15 U.S.C. §

27

1681n(a)(1); statutory damages pursuant to 15 U.S.C. § 1681n(a)(1); punitive

28

damages as the Court may allow pursuant to 15 U.S.C. § 1681n(a)(2); and
________________________________________________________________________________________________________

FAC

! 18

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Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 26 of 27

1

reasonable attorney’s fees and costs pursuant to 15 U.S.C. § 1681n(a)(3) from

2

Defendants.

3

101. As a result of each and every negligent noncompliance of the FCRA, Plaintiff

4

is entitled to actual damages as the Court may allow pursuant to 15 U.S.C. §

5

1681o(a)(1); and reasonable attorney’s fees and costs pursuant to 15 U.S.C. §

6

1681o(a)(2) from Defendants.
PRAYER FOR RELIEF

7

Plaintiff respectfully requests the Court grant Plaintiff the following relief

8
9

against Defendants:
FIRST CAUSE OF ACTION

11
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

10

VIOLATION OF THE FAIR CREDIT REPORTING ACT

12

15 U.S.C. § 1681 ET SEQ. (FCRA)

13

• an award of actual damages pursuant to 15 U.S.C. § 1681n(a)
(1);

14
15

• an award of statutory damages pursuant to 15 U.S.C. §
1681n(a)(1);

16
17

• an award of punitive damages as the Court may allow
pursuant to 15 U.S.C. § 1681n(a)(2);

18
19

• award of costs of litigation and reasonable attorney’s fees,
pursuant to 15 U.S.C. § 1681n(a)(3), and 15 U.S.C. § 1681(o)
(a)(1) against Defendants for each incident of negligent
noncompliance of the FCRA; and

20
21
22

• any other relief the Court may deem just and proper.

23
24
25

///

26

///

27

///

28

///
________________________________________________________________________________________________________

FAC

! 19

Case No.: 2:15-cv-02353-GMN-GWF

Case 2:15-cv-02353-GMN-GWF Document 56 Filed 09/08/16 Page 27 of 27

1

TRIAL BY JURY

2

102. Pursuant to the seventh amendment to the Constitution of the United States of
America, Plaintiff is entitled to, and demands, a trial by jury.

3
4
5

DATED this _______ day of September 2016.

6
Respectfully Submitted,

7
8

KAZEROUNI LAW GROUP, APC

9
10

By: /s/ Michael Kind
Michael Kind, Esq.
7854 W. Sahara Avenue
Las Vegas, NV 89117
Attorneys for Plaintiff

KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

________________________________________________________________________________________________________

FAC

! 20

Case No.: 2:15-cv-02353-GMN-GWF