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This case was last updated from PACER on 04/27/2021 at 09:08:50 (UTC).

Daniels v. Equifax Information Services LLC et al

Case Summary

On February 25, 2021, Mary E. Daniels (“Plaintiff”), represented by George Haines and Gerardo Avalos of Freedom Law Firm and Michael Kind of Kind Law, filed an antitrust lawsuit against Equifax Information Services LLC; Ally Financial Inc.; Broker Solutions Inc. DBA New American Funding; National Consumer Telecom & Utilities Exchange, Inc.; and Verizon Communications Inc. ("Equifax," "Ally," "Broker," "NCTUE," and "Verizon" respectively or jointly, as “Defendants”), seeking actual, statutory and punitive damages for Defendants’ alleged actions with regard to erroneous reports of derogatory credit information to national reporting agencies and their failure to properly investigate Plaintiff’s disputes. This case was filed in U.S. District Court in  the District of Nevada with Judges Elayna J. Youchah and Jennifer A. Dorsey presiding.

 

In the complaint, the Plaintiff claims that “The United States Congress has found the banking system is dependent up-on fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence, which is essential to the continued functioning of the banking system. Congress enacted the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), to ensure fair and accurate reporting, promote efficiency in the banking system, and protect consumer privacy.”

 

It has been alleged in the complaint that “in Plaintiff’s credit report from NCTUE dated Nov 11, 2019, NCTUE and Verizon inaccurately reported a debt to Verizon with a "Charge-Off" amount of $220.26 even though Plaintiff was never late on her payments and paid her account in full. This reporting was inaccurate and misleading” and that “NCTUE and and Verizon failed to review all relevant information provided by Plaintiff in the dispute to NCTUE, as required by and in violation of 15 U.S.C. § 1681i and 15 U.S.C. § 1681s-2(b), respectively.” The Plaintiff further alleged that “the adverse reporting on Plaintiff’s consumer report departed from the credit industry’s own reporting standards and was not only inaccurate, but also materially misleading under the CDIA’s standards as well.”

 

The Plaintiff went on to allege that “Equifax failed to maintain reasonable procedures to assure maximum possible accuracy of the information reported about Plaintiff, in violation of 15 U.S.C. § 1681e(b)” and that “Equifax and Broker failed to review all relevant information provided by Plaintiff in the dispute to Equifax, as required by and in violation of 15 U.S.C. § 1681i and 15 U.S.C. § 1681s-2(b), respectively.”

 

The only claim for relief laid down by the Plaintiff is for the alleged violation of above-cited provisions of the FCRA, 15 U.S.C § 1681, et seq.

 

In the prayer for relief, the Plaintiff requested the court to pass an order to award actual damages pursuant to 15 U.S.C. § 1681n(a)(1), statutory damages pursuant to 15 U.S.C. § 1681n(a)(1) and punitive damages as the Court may allow pursuant to 15 U.S.C.§ 1681n(a)(2), in addition to the costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00337

  • Filing Date:

    02/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Consumer Credit

  • Court:

    U.S. District Courts

  • Courthouse:

    Nevada District

Judge Details

Referral Judge

Elayna J. Youchah

Presiding Judge

Jennifer A. Dorsey

 

Party Details

Plaintiff

Mary E. Daniels

Defendants

Ally Financial Inc.

Verizon Communications Inc.

National Consumer Telecom & Utilities Exchange, Inc.

Broker Solutions Inc. doing business as New American Funding

Equifax Information Services LLC

Attorney/Law Firm Details

Plaintiff Attorneys

George Haines

Attorney at Freedom Law Firm

8985 S. Eastern Avenue, Suite 350

Las Vegas, NV 89123

Gerardo Avalos

Attorney at Freedom Law Firm

8985 S Eastern Ave, Suite 350

Las Vegas, NV 89123

Michael Kind

Attorney at Kind Law

8860 S. Maryland Parkway, Suite 106

Las Vegas, NV 89123

Defendant Attorneys

Gary E. Schnitzer

Attorney at Kravitz Schnitzer Johnson Watson & Zeppenfeld, Chtd.

8985 S. Eastern Ave., Suite 200

Las Vegas, NV 89123

Kevin F Kieffer

Attorney at Troutman Sanders LLP

5 Park Plaza, Suite 1400

Irvine, CA 92614-2545

Jeremy J. Thompson

Attorney at Clark Hill PLLC

3800 Howard Hughes Parkway, Suite 500

Las Vegas, NV 89169

Andrew A. Bao

Attorney at Wolfe & Wyman LLP

6757 Spencer Street

Las Vegas, NV 89119

 

Court Documents

#19

(#19) ANSWER to #1 Complaint,,, filed by Ally Financial Inc.. Discovery Plan/Scheduling Order due by 6/5/2021.(Kieffer, Kevin) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 04/21/2021)

#18

(#18) ORDER Granting #16 Motion to Extend Time re #1 Complaint (Second Request). Equifax Information Services LLC answer due 5/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 4/21/2021. (Copies have been distributed pursuant to the NEF - MR) (Entered: 04/21/2021)

#17

(#17) ORDER Granting #15 Motion to Extend Time re #1 Complaint (Second Request). National Consumer Telecom & Utilities Exchange, Inc. answer due 5/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 4/21/2021. (Copies have been distributed pursuant to the NEF - MR) (Entered: 04/21/2021)

#16

(#16) Joint MOTION to Extend Time (Second Request) for Defenant Equifax Information Services LLC to File Answer re #1 Complaint,,, by Defendant Equifax Information Services LLC. (Thompson, Jeremy) Modified on 4/22/2021 (EDS). (Entered: 04/21/2021)

#15

(#15) Joint MOTION to Extend Time (Second Request) for Defendant National Consumer Telecom & Utilities Exchane, Inc. to file Answer re #1 Complaint by Defendant National Consumer Telecom & Utilities Exchange, Inc.. (Thompson, Jeremy) (Entered: 04/21/2021)

#14

(#14) ORDER granting #7 Stipulation to Extend time; Ally Financial Inc. answer due 4/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/24/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 03/24/2021)

#13

(#13) ORDER granting #11 Motion to Extend Time; Equifax Information Services LLC answer due 4/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/22/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 03/22/2021)

#12

(#12) ORDER granting #10 Motion to Extend Time; Re: #1 Complaint; National Consumer Telecom & Utilities Exchange, Inc. answer due 4/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/22/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 03/22/2021)

#11

(#11) Joint MOTION to Extend Time (First Request) for Extension of Time for Defendant Equifax Information Services LLC to File Answer re #1 Complaint,,, by Defendant Equifax Information Services LLC. (Thompson, Jeremy) (Entered: 03/22/2021)

#3

(#3) Summons Issued as to Ally Financial Inc., Broker Solutions Inc., Equifax Information Services LLC, National Consumer Telecom & Utilities Exchange, Inc., Verizon Communications Inc. re #1 Complaint. (HAM) (Entered: 02/26/2021)

#2

(#2) CERTIFICATE of Interested Parties by Mary E. Daniels. There are no known interested parties other than those participating in the case (Kind, Michael) (Entered: 02/26/2021)

1 #6

Summons

1 #5

Summons

1 #4

Summons

1 #3

Summons

1 #2

Summons

1 #1

Civil Cover Sheet

#1

(#10) Joint MOTION to Extend Time (First Request) for Extension of Time for Defendant National Consumer Telecom & Utilities Exchange, Inc. to File Answer re #1 Complaint,,, by Defendant Equifax Information Services LLC. (Thompson, Jeremy) (Entered: 03/22/2021)

13 More Documents Available
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Docket Entries

  • 04/21/2021
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  • Docket(#19) ANSWER to #1 Complaint,,, filed by Ally Financial Inc.. Discovery Plan/Scheduling Order due by 6/5/2021.(Kieffer, Kevin) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#18) ORDER Granting #16 Motion to Extend Time re #1 Complaint (Second Request). Equifax Information Services LLC answer due 5/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 4/21/2021. (Copies have been distributed pursuant to the NEF - MR) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#17) ORDER Granting #15 Motion to Extend Time re #1 Complaint (Second Request). National Consumer Telecom & Utilities Exchange, Inc. answer due 5/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 4/21/2021. (Copies have been distributed pursuant to the NEF - MR) (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#16) Joint MOTION to Extend Time (Second Request) for Defenant Equifax Information Services LLC to File Answer re #1 Complaint,,, by Defendant Equifax Information Services LLC. (Thompson, Jeremy) Modified on 4/22/2021 (EDS). (Entered: 04/21/2021)

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  • 04/21/2021
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  • Docket(#15) Joint MOTION to Extend Time (Second Request) for Defendant National Consumer Telecom & Utilities Exchane, Inc. to file Answer re #1 Complaint by Defendant National Consumer Telecom & Utilities Exchange, Inc.. (Thompson, Jeremy) (Entered: 04/21/2021)

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  • 03/24/2021
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  • Docket(#14) ORDER granting #7 Stipulation to Extend time; Ally Financial Inc. answer due 4/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/24/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 03/24/2021)

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  • 03/22/2021
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  • Docket(#13) ORDER granting #11 Motion to Extend Time; Equifax Information Services LLC answer due 4/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/22/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 03/22/2021)

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  • 03/22/2021
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  • Docket(#12) ORDER granting #10 Motion to Extend Time; Re: #1 Complaint; National Consumer Telecom & Utilities Exchange, Inc. answer due 4/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/22/2021. (Copies have been distributed pursuant to the NEF - DRS) (Entered: 03/22/2021)

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  • 03/22/2021
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  • Docket(#11) Joint MOTION to Extend Time (First Request) for Extension of Time for Defendant Equifax Information Services LLC to File Answer re #1 Complaint,,, by Defendant Equifax Information Services LLC. (Thompson, Jeremy) (Entered: 03/22/2021)

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  • 03/22/2021
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  • Docket(#10) Joint MOTION to Extend Time (First Request) for Extension of Time for Defendant National Consumer Telecom & Utilities Exchange, Inc. to File Answer re #1 Complaint,,, by Defendant Equifax Information Services LLC. (Thompson, Jeremy) (Entered: 03/22/2021)

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  • 03/21/2021
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  • Docket(#9) CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #7 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. Do NOT refile. (no image attached) (MMM) (Entered: 03/21/2021)

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  • 03/19/2021
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  • Docket(#8) CERTIFICATE of Interested Parties by Ally Financial Inc.. There are no known interested parties other than those participating in the case (Kieffer, Kevin) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#7) STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint by Defendant Ally Financial Inc.. (Kieffer, Kevin) Modified on 3/21/2021 to add document link (MMM). (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#6) NOTICE of Appearance by attorney Kevin F Kieffer on behalf of Defendant Ally Financial Inc.. (Kieffer, Kevin) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#5) ORDER Granting #4 Stipulation for Extension of Time re #1 Complaint (First Request). Broker Solutions Inc. answer due 4/12/2021. Signed by Magistrate Judge Elayna J. Youchah on 3/19/2021. (Copies have been distributed pursuant to the NEF - MR) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#4) STIPULATION FOR EXTENSION OF TIME (First Request) To Respond to Complaint re #1 Complaint,,, by Defendant New American Funding. (Bao, Andrew) (Entered: 03/19/2021)

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  • 02/26/2021
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  • Docket(#3) Summons Issued as to Ally Financial Inc., Broker Solutions Inc., Equifax Information Services LLC, National Consumer Telecom & Utilities Exchange, Inc., Verizon Communications Inc. re #1 Complaint. (HAM) (Entered: 02/26/2021)

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  • 02/26/2021
  • DocketCase randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. (HAM) (Entered: 02/26/2021)

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  • 02/26/2021
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  • Docket(#2) CERTIFICATE of Interested Parties by Mary E. Daniels. There are no known interested parties other than those participating in the case (Kind, Michael) (Entered: 02/26/2021)

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  • 02/26/2021
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  • Docket(#1) COMPLAINT against Equifax Information Services LLC; Ally Financial Inc.; Broker Solutions Inc. d/b/a New American Funding; National Consumer Telecom & Utilities Exchange, Inc.; and Verizon Communications Inc., All Defendants (Filing fee $402 receipt number 0978-6385153) by Mary E. Daniels. Proof of service due by 5/27/2021. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (Kind, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified to include defendants' names on 2/26/2021 (MMM). (Entered: 02/26/2021)

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