New Jersey Complaint Against Experian, Equifax Due to Inaccurate Reporting



 JOHN DOE,           Plaintiff,





EXPERIAN INFORMATION                                       COMPLAINT

SOLUTIONS, INC.                                                 

            and                                                                           JURY TRIAL DEMANDED



















  Civil Action No.   








I.     Preliminary Statement

  1. This is an action for damages brought by an individual consumer against the Defendants for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C.         §§ 1681 et amended,

II.     Jurisdiction and Venue

  1. Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. §1331, 1337, and supplemental jurisdiction exists for the state law claims pursuant to 28 U.S.C. §1367.
  2.  Venue lies properly in this district pursuant to 28 U.S.C. §1391(b).

III.     Parties

  1. Plaintiff is an individual who resides in New Jersey
  2. Defendant Experian Information Solutions, Inc. (hereafter “Experian”) is a business entity that regularly conducts business in the State of New Jersey, and which has a principal place of business located at 5 Century Drive, Parsippany, New Jersey 07054.
  3. Defendant Equifax Information Services LLC (hereafter “EIS”) is a business entity which regularly conducts business in the State of New Jersey, and which has a principal place of business located at 6 Clementon Road, East, Suite A2, Gibbsboro, New Jersey 08026.

IV.       Factual Allegations

  1. Defendants have been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (hereafter the “inaccurate information”) from at least September 2012 through the present.
  2. The inaccurate information includes, but is not limited accounts with Chase Bank USA, CitiBank and personal identifying information.
  3. The inaccurate information negatively reflects upon the Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a debtor and Plaintiff’s credit worthiness. 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.
  4. 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 September 2012 through the present.
  5. Plaintiff’s credit reports and file have been obtained from Defendants and have 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 credit offers and opportunities, known and unknown. Plaintiff’s credit reports have been obtained from Defendants by such third parties from at least September 2012 through the present.
  6. 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.
  7. At all times pertinent hereto, Defendants were acting by and through its 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.
  8. At all times pertinent hereto, the conduct of the Defendants, as well as that of their agents, servants and/or employees, was malicious, intentional, willful, reckless, and in grossly negligent disregard for federal and state laws and the rights of the Plaintiff herein.



(Plaintiff v. Experian and Equifax)

  1. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
  2. At all times pertinent hereto, Defendants were “persons” and “consumer reporting agencies” 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. At all times pertinent hereto, the above-mentioned credit reports were “consumer reports” as that term is defined by 15 U.S.C. § 1681a(d).
  5. Pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o,  Experian and Equifax 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).
  6. The conduct of Experian and Equifax 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, Experian and Equifax are liable to Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorneys’ fees and the costs of litigation, as well as such further relief, as may be permitted by law.


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


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

  1. Actual damages;
  2.  Statutory damages;
  3. Punitive damages;
  4. Costs and reasonable attorney’s fees pursuant to 15 U.S.C.       §§1681n and 1681o;
  5. An order directing that Defendants immediately delete all of the inaccurate information from Plaintiff’s credit reports and files and cease reporting the inaccurate information to any and all persons and entities to whom they report consumer credit information;
  6. An order directing that Defendants send to all persons and entities to whom they have reported Plaintiff’s inaccurate information within the last three years Plaintiff’s updated and corrected credit report information; and
  7. Such other and further relief as may be necessary, just and proper.


Plaintiff hereby designates John Soumilas as trial counsel in the above-captioned matter.  Plaintiff reserves the right to amend this designation as necessary.


I, Mark D. Mailman, counsel of record do hereby certify pursuant to Local Civil Rule 201.1(d) that relief other than monetary damages is sought and that the damages sought are in excess of $150,000.  I further certify that, to my knowledge, the within case is not the subject of any action, arbitration or administrative hearing now pending in any court.

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