Pennsylvania Complaint Against Equifax and Experian, Consumer Reporting Agencies for Mixing Credit Information of Another, Causing Negative Impact to Consumer Credit










EQUIFAX INFORMATION                                 

SERVICES LLC                                                  


EXPERIAN INFORMATION                               

SOLUTIONS, INC.                                                 

                                                                                         JURY TRIAL DEMANDED
















  Civil Action No.





Preliminary Statement

  1. This is an action for damages brought by individual consumer, Khurram Shahzad, against Experian Information Solutions, Inc. and Equifax Information Services LLC, for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq.

Jurisdiction and Venue

  1. Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. §§ 1331, 1337.
  2. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).


  1. Plaintiff is an individual who resides in Upper Darby, Pennsylvania.
  2. Defendant Equifax Information Services LLC (“Equifax”) is a consumer reporting agency that regularly conducts business in Eastern District of Pennsylvania and which has a principal place of business located at 6 Clementon Road, East, Suite A2, Gibbsboro, New Jersey 08026.
  3. Defendant, Experian Information Solutions, Inc. (“Experian”) is a consumer reporting agency that regularly conducts business in Eastern District of Pennsylvania, and which has a principal place of business located at 5 Century Drive, Parsippany, NJ.

Factual Allegations

  1. Defendants have been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (“inaccurate information”) from at least May 2012 through the present. The inaccurate information includes several tradelines, including, but not limited to American Adjustment Bureau, American Express, American Honda Finance, Bank of America, CitiBank, Chase Bank USA, Chelsea Groton Savings Bank, Discover Financial Services LLC, HSBC Bank. Kay Jewelers, KOHLS/Chase, Macy’s, Sallie Mae, Visa/ Department Stores National Bank, as well as identifying personal information.
  2. The inaccurate information negatively reflects upon the Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s creditworthiness.  The inaccurate information consists of accounts and/or tradelines that do not belong to the Plaintiff, and that actually belong to another consumer.  Due to Defendants’ faulty procedures, Defendants mixed the credit file of Plaintiff and that of another consumer with respect to the inaccurate information and other personal identifying information.
  3. Defendants have been reporting the inaccurate information through the issuance of false and inaccurate credit information and consumer credit reports that they have disseminated to various persons and credit grantors, both known and unknown.  Defendants have repeatedly published and disseminated consumer reports to such third parties from at least May 2012 through the present.
  4. Plaintiff’s credit report and file has been obtained from Defendants and has been reviewed by prospective and existing credit grantors and extenders of credit, and the inaccurate information has been a substantial factor in precluding Plaintiff from receiving different credit offers and opportunities, known and unknown.  Plaintiff’s credit reports have been obtained from Defendants by such third parties from at least May 2012 through the present.
  5. As a result of Defendants’ conduct, Plaintiff has suffered actual damages in the form of credit denial or loss of credit opportunity, credit defamation and emotional distress, including anxiety, frustration, embarrassment and humiliation.
  6. At all times pertinent hereto, Defendants were acting by and through their agents, servants and/or employees who were acting within the course and scope of their agency or employment, and under the direct supervision and control of the Defendants herein.
  7. At all times pertinent hereto, the conduct of the Defendants, as well as that of their agents, servants and/or employees, was intentional, willful, reckless, and in grossly negligent disregard for federal law and the rights of the Plaintiff herein.

Count One – Violations of the FCRA

(Plaintiff v. Equifax and Experian)

  1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  2. At all times pertinent hereto, Defendants were each a “person” and “consumer reporting agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f).
  3. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
  4. Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o, Defendants are liable to the Plaintiff for willfully and negligently failing to comply with the requirements imposed on a consumer reporting agency of information pursuant to 15 U.S.C. § 1681e(b).
  5. The conduct of Defendants was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, actual damages and harm to Plaintiff that are outlined more fully above and, as a result, Defendants are liable to Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorneys’ fees and the costs of litigation.

Jury Trial Demand

  1. Plaintiff demands trial by jury on all issues so triable.

Prayer For Relief

            WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the Defendants, based on the following requested relief:

(a) Actual damages;

(b) Statutory damages;

(c) Punitive damages;

(d) Costs and reasonable attorney’s fees pursuant to 15 U.S.C. §§ 1681n, 1681o; and

(e) Such other and further relief as may be necessary, just and proper.


Respectfully Submitted,


BY:    /s/ Mark D. Mailman



Land Title Building, 19th Floor

100 South Broad Street

Philadelphia, PA 19110

215) 735-8600

Attorneys for Plaintiff