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-----------------------------------------------------------------------JACOB FRYDMAN



Plaintiff JACOB FRYDMAN ("Frydman") complaining of Defendant EQUIFAX INC
("Defendant") alleges, as follows:
1. This is an action for violation of the Fair Credit Reporting Act 15 U.S.C. Chapter
2. Jurisdiction is conferred by 28 U.S.C. 1331 and 15 U.S.C. 1681p. The claims asserted
herein arise under 15 U.S.C. 1681.
3. Venue is proper in this District pursuant to 15 U.S.C. 1681p. Defendant does business
in this District.
4. Plaintiff is a "consumer" as defined at 15 U.S.C. 1681a(c) and a citizen of the state of
New York.
5. Defendant is a Georgia corporation authorized to, and doing business in New York,
with an address C/0 The Prentice-Hall Corporation System, Inc. 80 State Street, Albany, New
York, 12207.
6. Defendant is a "consumer reporting agency" as defined at 15 U.S.C. 1681a(f).

pter III.

(b) Accuracy o f r ep o r t . Whenever a consumer reporting agency prepares a

consumer report it shall follow reasonable procedures to assure maximum possible
Accuracy of the information concerning the individual about whom the report relates.
8. 15 U.S.C. 1681i (a) (1) (A) provides:
Subject to subsection (f) of this section,

if the completeness or accuracy of any item of

information contained in a consumers file at a consumer reporting agency is disputed by the

consumer and the consumer notifies the agency directly, or indirectly through a reseller, of
such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to
determine whether the disputed information is inaccurate and record the current status of the
disputed information, or delete the item from the file in accordance with paragraph (5), before
the end of the 30-day period beginning on the date on which the agency receives the
Notice of the dispute from the consumer or reseller.

9. 15 U.S.C. 1681n provides:

(1) (a) In general
Any person who willfully fails to comply with any requirement imposed under this
subchapter with respect to any consumer is liable to that consumer in an amount equal to
the sum of-

(A) any actual damages sustained by the consumer as a result of the failure or
damages of not less than $100 and not more than $1, 000;
(2) Such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of
the action together with reasonable attorney's fees as determined by the court.
10. On September 22nd, 2014 Plaintiff sent Defendant a notice pursuant to 611 of the Fair
Credit Reporting Act, 15 U.S.C. 1681i, relating to the procedure in case of disputed accuracy.
11. Plaintiffs notice identified a disputed judgment and attached an order of the court
vacating said judgment.
12. Plaintiffs notice identified a disputed charge-off.
13. On October 15, 2014 Defendant sent Plaintiff a notice including the results of their
14. Defendants investigation wrongfully concluded, with respect to the disputed vacated
Judgment information, that the "public record item is reporting correctly".
15. Defendants investigation wrongfully concluded, with respect to the disputed charge-off
item that the "creditor has verified to our company that the current status is being reported
16. Contrary to Defendant's asse1tions as set forth in their October 15, 2014 notice to
Plaintiff, on September 24, 2014 Plaintiff obtained a writing from the creditor referenced in the
preceding paragraph that in fact "[t]he account has been reported in good standing and reflecting
as paid/closed, full termination/obligation satisfied. The charge off has been removed from our
system.... While [creditor] has requested Equifax, TransUnion and/or Experian to correct their
records, these companies are independent of [creditor], and we cannot require them to make the
correction in a timely manner".
17. Defendant has violated its obligations pursuant to 15 U.S.C. section 1681, in that, among
Other things, it failed to correct the disputed items as set forth in Plaintiffs notice to Defendant

Notwithstanding that Plaintiff provided Defendant with a copy of the courts vacation of the
incorrectly reported judgment.
18. Defendant has provided at least two credit reports containing inaccurate information with
respect to Plaintiff's credit in violation of 15 U.S.C. section 1681.
19. In connection with the inaccurate credit reports provided by Defendant, defendant
provided inaccurate credit scores based on the inaccurate credit information to at least two credit
20. As a result of Defendants providing inaccurate credit reports relating to Plaintiff and in
accurate credit scores based on said in accurate credit reports, defendant was denied two separate
loans of $1 million each.
21. Defendant's actions as above six with constitute willful failure to comply with
requirements under the Fair Credit Reporting Act and that Plaintiff delivered to Defendant
information necessary to support the disputed item, and Defendant simply ignored same.
22. As a result of defendants wrongful conduct as hereinabove set forth, Plaintiff has been
damaged in the amount to be proved to trial believed to be in excess of $2 million.
Wherefore, Plaintiff prays for judgment as follows:

awarding a sum to be determined at trial in favor of Plaintiff and against Defendant,

believed to be not less than $2 Million;


awarding punitive damages against Defendant in favor of Plaintiff in an amount

sufficient to deter Defendant from further willful violations and failing to comply with
the requirements under the Fair Credit Reporting Act, which, given Defendant's financial
condition, is requested in the amount of not less than $25 million; and


awarding Plaintiff its costs, disbursements and reasonable attorneys' fees incurred in
connection with this action to the extent permitted by law; and


Granting such other and further relief as this Court may deem just and proper.


Plaintiffs Jacob Frydman demands a jury trial with respect to all claims for relief in this
Complaint triable before a jury as a matter of right.

Dated: New York, New York

November 12, 2014

Jacob Frydman
60 Broad Street, 34th Floor
New York, New York 10004
(212) 388-6800