Grill v. Credit One Bank, N.A. et al

Filing 20

ORDER Granting 18 Stipulation re 1 Complaint. Signed by Judge James C. Mahan on 4/13/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-02860-JCM-PAL Document 18 Filed 04/11/17 Page 1 of 5

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

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Michael Kind, Esq.
Nevada Bar No. 13903
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, NV 89117
Phone: [phone] x7
[e-mail]
Sara Khosroabadi, Esq.
NV Bar No. 13703
HYDE & SWIGART
7854 W. Sahara Avenue
Las Vegas, NV 89117
Phone: [phone]
[e-mail]
Attorneys for Plaintiff Alan O. Grill

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Alan O. Grill,
Plaintiff,

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Case No: 2:16-cv-02860-JCM-PAL
Stipulation for Plaintiff to Amend
the Complaint

v.
Credit One Bank, N.A., Texas
Financial, LLC dba Royal
Management, Experian
Information Solutions, Inc., and
Equifax Information Services,
LLC,

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Defendants.

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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

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Case No.: 2:16-cv-02860-JCM-PAL

Case 2:16-cv-02860-JCM-PAL Document 18 Filed 04/11/17 Page 2 of 5

STIPULATION

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Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, Plaintiff

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Alan O. Grill (“Plaintiff”) and Defendant Experian Information Solutions, Inc.

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(“Experian”) (jointly as the “Parties”), by and through their respective counsel,

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hereby submit this stipulation for Plaintiff to file a First Amended Complaint,

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attached hereto as Exhibit A, pursuant to Local Rule 15-1.

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WHEREAS, Plaintiff filed his Complaint on December 9, 2016, ECF No. 1;

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WHEREAS, on January 1, 2017, Experian filed its Answer to the Complaint,

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

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ECF No. 6;
WHEREAS, the deadline to amend pleadings is on April 11, 2017, ECF No.
8, p. 2, ¶ 2.
WHEREAS, Defendant Texas Financial, LLC dba Royal Management has
not appeared in this case.

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WHEREAS, Plaintiff seeks to amend his Complaint to include the following

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parties, aliases of Texas Financial, LLC dba Royal Management and necessary

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parties to this case:

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• R.B.S. Computer, Inc.; and

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• Royal Management, LLC.

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WHEREAS, in good faith and in order to avoid unnecessary motion practice,

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Experian has agreed to allow Plaintiff to amend the Complaint but reserves all

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rights as to any allegations in the Complaint.

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WHEREAS, in stipulating to allow Plaintiff to amend the Complaint,
Experian does not hereby admit any of the allegations in the Complaint.

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WHEREAS, the Amended Complaint does not add any new claims or

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allegations, but only adds aliases of Texas Financial, LLC dba Royal Management

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and removes the party Equifax Information Services, LLC, previously dismissed in

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this case.

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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

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Case No.: 2:16-cv-02860-JCM-PAL

Case 2:16-cv-02860-JCM-PAL Document 18 Filed 04/11/17 Page 3 of 5

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WHEREAS, the allegations against Experian have not changed such that

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Plaintiff agrees that Experian’s served discovery responses are still applicable, and

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Plaintiff will not require Experian to respond to a new set of discovery based on the

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amended complaint.

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WHEREAS, Plaintiff will respond to the pending discovery served by

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Experian without requiring Experian to propound new discovery based on the

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amended complaint and such responses shall be applicable despite Plaintiff filing an

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amended complaint.
NOW, THEREFORE, in consideration of the foregoing, and for good cause,

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IT IS HEREBY STIPULATED AND AGREED, by and between the Parties as

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

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follows:

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(1) Plaintiff shall file and serve the Amended Complaint attached hereto as

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Exhibit A promptly after this Court has entered an Order approving this

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Stipulation.

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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

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Case No.: 2:16-cv-02860-JCM-PAL

Case 2:16-cv-02860-JCM-PAL Document 18 Filed 04/11/17 Page 4 of 5

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(2) Experian shall file its response to Plaintiff’s Amended Complaint within
14 days after being served with the Amended Complaint.
DATED this 11th day of April 2017.

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Respectfully Submitted,

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

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KAZEROUNI LAW GROUP, APC
By: /s/ Michael Kind
Michael Kind, Esq.
7854 W. Sahara Avenue
Las Vegas, NV 89117
Attorneys for Plaintiff
MAUPIN NAYLOR BRASTER
By: /s/ Jennifer L. Braster
Jennifer L. Braster, Esq.
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Attorneys for Experian Information Solution, Inc.
IT IS SO ORDERED:

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____________________________________

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UNITED STATES DISTRICT JUDGE

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April 13, 2017
DATED:____________________________

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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

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Case No.: 2:16-cv-02860-JCM-PAL

Case 2:16-cv-02860-JCM-PAL Document 18 Filed 04/11/17 Page 5 of 5

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 April 11, 2017, the foregoing Stipulation for Plaintiff to Amend

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the Complaint along with Exhibit A was served via CM/ECF to all parties

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appearing 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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________________________________________________________________________________________________________

STIP. TO AMEND COMPL.

Case No.: 2:16-cv-02860-JCM-PAL

Case 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 1 of 15

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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 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 2 of 15

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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, NV 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]
Sara Khosroabadi, Esq. (SBN 13703)
HYDE & SWIGART
7854 W. Sahara Avenue
Las Vegas, NV 89117
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff Alan O. Grill

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Alan O. Grill,

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Case No.: 2:16-cv-02860-JCM-PAL

Plaintiff,
v.

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Credit One Bank, N.A., Texas
Financial, LLC dba Royal
Management dba R.B.S. Computer,
Inc. dba Royal Management, LLC
and Experian Information Solutions,
Inc.,

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

Defendants.

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JURY TRIAL DEMANDED

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________________________________________________________________________________________________________

AMENDED COMPLAINT

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Case 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 3 of 15

INTRODUCTION

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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 Report-

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

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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, NV 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

Alan O. Grill (“Plaintiff”), by Plaintiff’s attorneys, brings this action to

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challenge the actions of Defendants Credit One Bank, N.A. (“Credit One”),

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Texas Financial, LLC doing business as Royal Management doing business as

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R.B.S. Computer, Inc. doing business as Royal Management, LLC (“RBS”),

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Experian Information Solutions, Inc. (“Experian”) (jointly as “Defendants”),

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with regard to erroneous reports of derogatory credit information to national

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reporting agencies and Defendants’ failure to properly investigate Plaintiff’s

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disputes.

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3.

Defendants failed to properly investigate Plaintiff’s disputes, damaging
Plaintiff’s creditworthiness.

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________________________________________________________________________________________________________

AMENDED COMPLAINT

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Case 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 4 of 15

JURISDICTION AND VENUE

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4.

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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5.

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

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This action arises out of Defendant’s violations of the Fair Credit Reporting

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Venue is proper in the United States District Court for the District of Nevada
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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KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, NV 89117

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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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7.

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

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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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8.

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

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Defendant RBS 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 Credit One and RBS are furnishers of information as

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contemplated by 15 U.S.C. § 1681s-2(b) that regularly and in the ordinary

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course of business 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 a “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 Georgia and

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Ohio, respectively.
________________________________________________________________________________________________________

AMENDED COMPLAINT

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Case 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 5 of 15

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11.

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.
GENERAL ALLEGATIONS

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12.

On or about September 25, 2015, Plaintiff filed for Chapter 7 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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15-15515-led (the “Bankruptcy”).

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13.

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

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

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

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None of the Defendants filed any proceedings to declare its Debt “non

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None of the Defendants obtained relief from the “automatic stay” codified at

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11 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 December 29, 2015, Plaintiff received a Bankruptcy discharge.

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Accordingly, the Debts to Defendants were discharged through the
Bankruptcy on December 29, 2015.

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information as discussed herein after Plaintiff’s debts were discharged.

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However, Defendants either reported or caused to be reported inaccurate

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Defendants’ reporting post-Bankruptcy derogatory information was

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inaccurate and misleading in that each Defendant continued reporting

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information based on Defendants’ pre-bankruptcy contract terms with

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Plaintiff, which were no longer enforceable upon the bankruptcy filing,

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thereby rendering the disputed information “inaccurate.”

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________________________________________________________________________________________________________

AMENDED COMPLAINT

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20.

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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The Metro 2 Format guidelines for credit reporting are nearly identical for

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reports made during the “Months Between Petition Filed and BK Resolution”

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and after “Plan Completed” for Chapter 13 Debtors and furnishers who
choose to report post-bankruptcy credit information to CRAs.

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

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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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27.

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
________________________________________________________________________________________________________

AMENDED COMPLAINT

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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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— THE EXPERIAN CREDIT REPORT —

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CREDIT ONE MISREPORTED CREDIT INFORMATION

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RE: ACCOUNT NO. 4447*

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On or about September 1, 2016, Plaintiff disputed Credit One’s inaccurate

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reporting, including an inaccurate “high balance” pursuant to 15 U.S.C. §

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1681I(a)(2) by notifying Experian, in writing, of the incorrect and inaccurate

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credit information furnished by Credit One.

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

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

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requesting the above inaccurate and incorrect derogatory information be

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removed as follows:

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This account was discharged in my Bankruptcy which was filed
on 9/25/15 and discharged 12/29/2015, bearing docket No.
15-15515-led in the District for Nevada. The balance on this
account should be “$0” and the status should be reporting as
“current.” Specifically, you show this account with a “high
balance as $662 when it should not be more than $300.

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The letter further requested:
Immediately delete this account and the disputed derogatory
information from my credit report.
The discharged debt should be reported with an account balance
of $0 with a status of “current.”
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, 9/25/2015, since a default
on this account occurred no later than the Bankruptcy filing
date.
Any post-bankruptcy derogatory information should be
immediately deleted from my report.

________________________________________________________________________________________________________

AMENDED COMPLAINT

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Case 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 8 of 15

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If you do not immediately delete this from my 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.

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dispute, but Experian and Credit One continued reporting inaccurate

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

15 U.SC. § 1681i(a)(6).
34.

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U.SC. § 1681s-2(b)(1)(B).
36.

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September 2013, December 2013 and May 2014. This was inaccurate, since

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Credit One could not have charged off the account more than once.
37.

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Experian and Credit One, upon receipt of Plaintiff’s dispute, failed to conduct
an investigation as required by 15 U.SC. § 1681s-2(b)(1)(A).

38.

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Experian and Credit One 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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Specifically, Experian and Credit One

reported that it “charged off” the account on multiple occasions, in May 2013,

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Experian and Credit One continued to report inaccurate derogatory
information on Plaintiff’s report.

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Experian and Credit One 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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A reasonable investigation by these Defendants would have indicated that
Plaintiff’s account had not been charged off more than once.

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On or about September 24, 2016, Plaintiff received notification from Experian
that Experian and Credit One received notice of Plaintiff’s dispute pursuant to

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Experian and Credit One 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 that letter, Experian timely notified Credit One of Plaintiff’s

U.SC. § 1681s-2(b)(1)(B).
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Due to the failure by Experian and Credit One to reasonably investigate, they
further failed to correct and update Plaintiff’s information as required by 15

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AMENDED COMPLAINT

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U.S.C. § 1681s-2(b)(1)(E), thereby causing continued reporting of inaccurate

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

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Plaintiff’s continued efforts to correct the erroneous and negative reporting of

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the Debt by Experian and Credit One by communicating Plaintiff’s dispute

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with Experian and Credit One were fruitless.

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41.

Experian and Credit One willfully continued to inaccurately and negatively

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report the debt because they had knowledge of the actual error. Plaintiff is,

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accordingly, eligible for statutory damages.

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42.

Also as a result of the continued inaccurate and negative reporting by
Experian and Credit One, Plaintiff has suffered actual damages, including

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

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without limitation credit denials, out-of-pocket expenses in challenging the

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Defendants’ wrongful representations, damage to his creditworthiness, and

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emotional distress.

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43.

By inaccurately reporting account information relating to the debt after notice

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and confirmation of their errors, Experian and Credit One failed to take the

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

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(E).

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RBS MISREPORTED CREDIT INFORMATION

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RE: ACCOUNT NO. Y32X*

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44.

On or about September 1, 2016, Plaintiff disputed RBS’s inaccurate reporting,

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including a multiple inaccurate “charge off” notations pursuant to 15 U.S.C. §

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1681I(a)(2) by notifying Experian, in writing, of the incorrect and inaccurate

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credit information furnished by RBS.

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45.

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

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requesting the above inaccurate and incorrect derogatory information be

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removed as follows:

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This account was discharged in my Bankruptcy which was filed
on 9/25/15 and discharged 12/29/2015, bearing docket No.
________________________________________________________________________________________________________

AMENDED COMPLAINT

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Case 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 10 of 15

15-15515-led in the District for Nevada. The balance on this
account should be “$0” and the status should be reporting as
“current." Specifically, you show this account as “charged off”
over 9 times when it could only be charged off once (Charge
Off as of Jan 2015 to Aug 2015, Mar 2014 to Nov 2014).

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46.

The letter further requested:

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Immediately delete this account and the disputed derogatory
information from my 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, 9/25/2015, since a default
on this account occurred no later than the Bankruptcy filing
date.

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

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Any post-bankruptcy derogatory information should be
immediately deleted from my report.

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If you do not immediately delete this from my 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.

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but Experian and RBS continued reporting inaccurate information.

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48.
49.

15 U.SC. § 1681i(a)(6).

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On or about September 24, 2016, Plaintiff received notification from Experian
that Experian and Credit One received notice of Plaintiff’s dispute pursuant to

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Experian and RBS 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 that letter, Experian timely notified RBS of Plaintiff’s dispute,

50.

A reasonable investigation by these Defendants would have indicated that
Plaintiff’s account had not been charged off more than once.

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AMENDED COMPLAINT

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51.

Experian and RBS failed to review all relevant information provided by

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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).

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52.

Experian and RBS continued to report the inaccurate derogatory information

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on Plaintiff’s report.

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“charged off” the account on multiple occasions, from March 2014 through

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November 2014 and from January 2015 through August 2015.

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inaccurate, since RBS could not have charged off the account more than once.

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53.

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

This was

Experian and RBS, upon receipt of Plaintiff’s dispute, failed to conduct an
investigation as required by 15 U.SC. § 1681s-2(b)(1)(A).

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Specifically, Experian and RBS re-reported that it

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Experian and RBS failed to review all relevant information provided by

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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).

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55.

Due to the failure by Experian and RBS to reasonably investigate, they further

15

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

16

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

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

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56.

Plaintiff’s continued efforts to correct the erroneous and negative reporting of

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the Debt by Experian and RBS by communicating Plaintiff’s dispute with

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Experian and RBS were fruitless.

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57.

Experian and RBS willfully continued to inaccurately and negatively report

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the debt because they had knowledge of the actual error.

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accordingly, eligible for statutory damages.

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58.

Plaintiff is,

Also as a result of the continued inaccurate and negative reporting by

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Experian and RBS, Plaintiff has suffered actual damages, including without

26

limitation credit denials, out-of-pocket expenses in challenging the

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Defendants’ wrongful representations, damage to his creditworthiness, and

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emotional distress.
________________________________________________________________________________________________________

AMENDED COMPLAINT

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59.

By inaccurately reporting account information relating to the debt after notice

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and confirmation of their errors, Experian and RBS failed to take the

3

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

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(E)
EXPERIAN FAILED TO REASONABLY INVESTIGATE PLAINTIFF’S DISPUTE

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RELATING TO THE

60.

CREDIT CONTROL CORPORATION ACCOUNT

On September 1, 2016, Plaintiff disputed Experian’s reported information

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pursuant to 15 U.S.C. § 1681I(a)(2) by notifying Experian, in writing, of

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incorrect and inaccurate credit information on a August 17, 2016 Experian
credit report.

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

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61.

Specifically, Plaintiff sent a letter, certified, to Experian, requesting that

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inaccurate and incorrect derogatory information reported by Credit Control

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Corporation be removed from his credit report as follows:

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This account was discharged in my Bankruptcy which was filed
on 9/25/15 and discharged 12/29/2015, bearing docket No.
15-15515-led in the District for Nevada. The balance on this
account should be “$0” and the status should be reporting as
“current." Specifically, you show this account as in
“collections” when it should be discharged in bankruptcy.
Additionally, you show this account as “open” when it should
be discharged in bankruptcy.

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Additionally you show this same account three times.

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62.

pursuant to 15 U.S.C. §1681i.

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Experian was required to conduct an investigation into the specific disputes

63.

On or about September 24, 2016, Plaintiff received notification from Experian

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that Experian received notice of Plaintiff’s dispute but that Experian refused

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to investigate Plaintiff’s dispute in connection with Plaintiff’s dispute of the

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Credit Control Corporation account.

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________________________________________________________________________________________________________

AMENDED COMPLAINT

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Case 2:16-cv-02860-JCM-PAL Document 18-1 Filed 04/11/17 Page 13 of 15

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64.

Specifically, Experian responded to several other disputed items that were

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“updated,” “processed” and “deleted.” However, Experian completely failed

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to address Plaintiff’s dispute in related to Credit Control Corporation.

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65.

Experian thus failed to investigate, update or correct the Credit Control

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Corporation account that was reported as “open” and in “collections,” which

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was inaccurate because the debt was discharged in bankruptcy.

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66.

A reasonable investigation by Experian would have indicated that Plaintiff

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sent the dispute letter and that Plaintiff’s had disputed inaccurate information

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on his credit report.

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67.

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

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

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with respect to the disputed information as required by 15 U.SC. § 1681s-2(b)

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(1)(A).

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68.

Experian failed to review all relevant information provided by Plaintiff in the

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dispute to Experian, as required by and in violation of 15 U.SC. § 1681s-2(b)

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(1)(B).

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69.

Due to Experian’s failure to reasonably investigate, it further failed to correct

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and update Plaintiff’s information as required by 15 U.S.C. § 1681s-2(b)(1)

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(E), thereby causing continued reporting of inaccurate information in

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

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70.

Experian’s continued inaccurate and negative reporting of the debt in light of

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its knowledge of the actual error was willful. Plaintiff is, accordingly, eligible

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for statutory damages.

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71.

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

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Plaintiff has suffered actual damages, including without limitation credit

25

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

26

representations, damage to his creditworthiness, and emotional distress.

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72.

By inaccurately reporting account information relating to the discharged debt
after notice and confirmation of its errors, Experian failed to take the

________________________________________________________________________________________________________

AMENDED COMPLAINT

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

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(E).

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FIRST CAUSE OF ACTION

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VIOLATION OF THE FAIR CREDIT REPORTING ACT

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15 U.S.C. § 1681, ET SEQ.

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73.

Complaint as though fully stated herein.

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8

Plaintiff incorporates by reference all of the above paragraphs of this

74.

The foregoing acts and omissions constitute numerous and multiple willful,
reckless or negligent violations of the FCRA, including but not limited to

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

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

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1681, et Seq..

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75.

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

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

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

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

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

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Defendants.

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76.

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

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

20

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

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

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Plaintiff respectfully requests the Court grant Plaintiff the following relief
against Defendants:
• An award of actual damages pursuant to 15 U.S.C. § 1681n(a)
(1);
• An award of statutory damages pursuant to 15 U.S.C. §
1681n(a)(1);
________________________________________________________________________________________________________

AMENDED COMPLAINT

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

2
3

• An 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

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5
6

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

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8

TRIAL BY JURY

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

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77.

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

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DATED this ___ day of April 2017.
Respectfully submitted,

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KAZEROUNI LAW GROUP, APC

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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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________________________________________________________________________________________________________

AMENDED COMPLAINT

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Case No.: 2:16-cv-02860-JCM-PAL