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Case 1:16-cv-01290-SMV-WPL Document 1 Filed 11/23/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO FELIX A. GARCIA, ) ) Plaintiff, ) ) CASE NO. v. ) ) EQUIFAX INFORMATION SERVICES, ) LLC, TRANSUNION, LLC, EXPERIAN ) INFORMATION SERVICES, INC., ) JURY TRIAL DEMANDED ) Defendants. ) ____________________________________) COMPLAINT FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT COMES NOW Felix A. Garcia, Plaintiff herein, and through his counsel, B. Kay Shafer, does file this Complaint against the named Defendants and in support thereof, states as follows: JURISDICTION AND VENUE 1. This is an action brought by a consumer for violations of the Fair Credit Reporting Act 15 U.S.C. § 1681 et seq . (hereinafter “FCRA”), regarding inaccurate entries on Plaintiff’s credit reports. Subject matter jurisdiction exists under 28 U.S.C. § 1331 and 15 U.S.C. § 1681p. 2. Venue is proper in this Court under 28 U.S.C. § 1391(b) as the events took place in this Judicial District and the Defendants are subject to personal jurisdiction in this Judicial District. PARTIES 3. The Plaintiff, Felix A. Garcia (hereinafter “Plaintiff”), is a natural person who is a resident and citizen of the State of New Mexico who resides within this Judicial District. 4. Defendant TRANSUNION, LLC. (hereinafter “TransUnion” and included in the Case 1:16-cv-01290-SMV-WPL Document 1 Filed 11/23/16 Page 2 of 6 term “credit reporting agencies”), is a foreign limited liability company, formed under the laws of Delaware, and engaging in the business of maintaining and reporting consumer credit informa- tion. It conducts business in the state of New Mexico. Its principal place of business is the State of Illinois. 5. Defendant EXPERIAN INFORMATION SOLUTIONS, INC. (hereinafter “Experian” and included in the term “credit reporting agencies”), is a foreign company, believed to be formed under the laws of Delaware, and engages in the business of maintaining and reporting consumer credit information. It conducts business in this Judicial District. Its principal place of business is the State of California. 6. Defendant EQUIFAX INFORMATION SOLUTIONS, INC. (hereinafter “Equifax” and included in the term “credit reporting agencies”), is a foreign company, believed to be formed under the laws of Delaware, and engages in the business of maintaining and reporting consumer credit information. It conducts business in this Judicial District. Its principal place of business is in the State of Georgia. FACTUAL ALLEGATIONS 7. Plaintiff learned earlier this year that all three Defendants were reporting debts on his credit report which were beyond the limitation period set forth in 15 U.S. Code § 1681c(a). 8. Having learned that there existed such a limitation period in the Fair Credit Reporting Act, Plaintiff disputed these incorrect entries multiple times, starting in June 2016. 9. Despite the fact that Plaintiff pointed out to each bureau, in his disputes, that these debts were far too old to remain on his credit reports, each and all Defendants refused to remove these entries. -2- Case 1:16-cv-01290-SMV-WPL Document 1 Filed 11/23/16 Page 3 of 6 10. The barred entries are as follows: A. Equifax: 1. Syncb/Ultimate Electronics - Last Activity 11/2004, Closed 02/2008; 2. Syncb/Discount Tire - Last Activity 01/2004, Closed 02/2004; 3. Syncb/Lowes - Last Activity 03/2006, Closed 06/2007; 4. Syncb/Thomasville - Last Activity 03/2009, Closed 03/2009. B. TransUnion: 1. Nusenda FCU - Last Activity 2/2/2009, Closed 2/27/2009; 2. Syncb/Thomasville - Last Activity not given; Closed 03/01/2009. C. Experian: 1. Syncb/Lowes - Closed 3/2012 [Incorrect; Account Closed 6/2007]; 2. American Express # 034930890011352291 - Closed 9/2006; 3 Bank of America - Closed 7/2008; 4. Harley Davidson Credit - Closed 9/2009; 5. Nusenda FCU #253676... - Closed 3/2007; 6. Nusenda FCU #253676... - Closed 4/2008; 7. Nusenda FCU #253676... - Closed 6/2007; 8. Sears/Citibank - Closed 10/2007; 9. Syncb/Discount Tire - Closed 10/2007; 10. Syncb/Lowes - Closed 6/2007; 11. Syncb/Thomasville - Closed 4/2009; -3- Case 1:16-cv-01290-SMV-WPL Document 1 Filed 11/23/16 Page 4 of 6 12. Syncb/Ultimate Electronics - Closed 3/2008. 11. In regard to many of these erroneous entries, Defendants incorrectly report that these debts will remain on Plaintiff’s credit history until a full ten years have passed from the date of the last entry. This is a blatant violation of 15 U.S. Code § 1681c(a). 12. These entries, and the statements that they will remain upon Plaintiff’s credit reports until a decade has passed indicates clearly that Defendants do not, and have not used reasonable procedures to investigate these debts, despite being provided with all information to do so, and thus are committing ongoing violations of the FCRA. COUNT I WILLFUL VIOLATIONS OF THE FAIR CREDIT REPORTING ACT 13. The factual allegations set forth above are incorporated here by reference. 14. Plaintiff complied with 15 U.S.C. §1681c (f) and §1681h when he disputed these erroneous entries in his credit reports. He has provided the credit reporting agencies with information and documentation as requested to facilitate their investigation of this dispute. Said Defendants have acknowledged receipt of multiple disputes regarding the same debt from Plaintiff. 15. Said Defendants have claimed to investigate and re-investigate Plaintiff’s disputes, yet have knowingly, willfully and repeatedly failed to either investigate the fact that they are reporting entries which are time-barred, or correct the disputed entries, in violation of 15 U.S.C. §1681i. 16. Defendants Equifax, Experian and TransUnion willfully and knowingly refused to correct the erroneous entries on Plaintiff’s credit reports, despite the fact that it is clear, on the -4- Case 1:16-cv-01290-SMV-WPL Document 1 Filed 11/23/16 Page 5 of 6 face of the credit reports which these Defendants generate, that these disputed entries are in violation of 15 U.S. Code § 1681c(a). 17. Plaintiff has been harmed and damaged by TransUnion’s, Experian’s and Equifax’s willful violations of the FCRA and said Defendants are liable, pursuant to 15 U.S.C. §1681n, for Plaintiff’s actual damages, costs, attorney’s fees, as well as punitive damages. COUNT II NEGLIGENT VIOLATIONS OF THE FAIR CREDIT REPORTING ACT BY DEFENDANTS TRANSUNION, EQUIFAX AND EXPERIAN 18. The factual allegations set forth above are incorporated here by reference. 19. Plaintiff has complied with the process set forth in 15 U.S.C. §1681c (f) and §1681h to dispute these erroneous entries in his credit record. He has provided the Defendants named in this Count with information and documentation as requested to facilitate their investigation of this entry. Said Defendants have acknowledged that they received multiple disputes from Plaintiff regarding the debt at issue. 20. Defendants Equifax, Experian and TransUnion have a duty under 15 U.S.C. §1681l to verify that this adverse information was correctly reported, or decline to continue reporting that adverse information. Information about accounts long-closed can affect an individual’s credit score, and has affected Plaintiff’s, even if the accounts are not adverse. 21. Defendants Equifax, Experian and TransUnion breached this duty, and their overall duty to Plaintiff as a consumer as set forth in 15 U.S.C. §1681, et seq., when they received Plaintiff’s multiple disputes of the debt at issue herein, yet failed to reasonably investigate or otherwise verify the continued validity of the debt. 22. Plaintiff has been grievously harmed and damaged by Defendants’ breach of this -5- Case 1:16-cv-01290-SMV-WPL Document 1 Filed 11/23/16 Page 6 of 6 duty. All Defendants are liable for these repeated violations, pursuant to 15 U.S.C. U.S.C. §1681o, for Plaintiff’s actual damages, costs and attorney’s fees. WHEREFORE, Plaintiff Felix A. Garcia prays this Court to grant him relief as follows: A. A trial on the merits by a jury of his peers; B. Actual damages caused by Defendants’ conduct, and damages in the statutory minimum for all of Defendants’ violations of the Fair Credit Reporting Act; C. Consequential, emotional and punitive damages in an amount to be proven at trial; D. Costs of suit; and E. Reasonable attorney’s fees necessary to bring this suit and represent his interests herein. DATED: November 23, 2016 Respectfully Submitted, s/B. Kay Shafer B. Kay Shafer NM #8159 Law Office of B. Kay Shafer, P.C. 6303 Indian School Rd. NE, Suite 100 Albuquerque, NM 87110 505-296-3949 888-897-0242 (f) [email protected] Attorney for Felix A. Garcia -6-.