Complaint Against Equifax Information Services, LLC, Lvnv Funding LLC. , Filed by Keela Gray. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons Lvnv) (Saks, Yaakov)
JURISDICTION AND VENUE
1The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, as well as 15 U.S.C. § 1681p et seq.
2Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2).
3Plaintiff brings this action for damages arising from the Defendant’s violations of 15 U.S.C. § 1681 et seq., commonly known as the Fair Credit Reporting Act (“FCRA”).
4Plaintiff also brings this action under § 1692 et seq. of Title 15 of the United States Code, commonly referred to as the Fair Debt Collections Practices Act (“FDCPA”). Case: 3:26-cv-00273-wmc Document #: 1 Filed: 03/30/26 Page 1 of 10
PARTIES
5Plaintiff is a resident of the State of Wisconsin in the County of Dane.
6At all times material hereto, Plaintiff was a “consumer” as said term is defined under 15 U.S.C. § 1681a(c).
7Equifax is a consumer reporting agency as defined by 15 U.S.C. § 1681a(f) and conducts substantial and regular business activities in this judicial district. Equifax is a Georgia corporation registered to do business in the State of Wisconsin and may be served with process at c/o Corporation Service Company, 33 East Main Street, Suite 610, Madison, WI 53703.
8At all times material hereto, Equifax is a consumer reporting agency regularly engaged in the business of assembling, evaluating and disbursing information concerning consumers for the purpose of furnishing consumer reports, as said term is defined under 15 U.S.C. § 1681a(f) to third parties.
9At all times material hereto, Equifax disbursed such consumer reports to third parties under a contract for monetary compensation.
10LVNV is a person who furnishes information to consumer reporting agencies under 15 U.S.C. § 1681s-2, with an address for service of process, c/o Corporation Service Company, located at 33 East Main Street, Suite 610, Madison, WI 53703.
11LVNV is a “debt collector” as the phrase is defined in 15 U.S.C. § 1692a(6) and used in the FDCPA.
12LVNV regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Case: 3:26-cv-00273-wmc Document #: 1 Filed: 03/30/26 Page 2 of 10
13The subject obligations are consumer-related, and therefore each considered a “debt” as defined by 15 U.S.C.§ 1692a (5).
14LVNV uses the instrumentalities of interstate commerce or the mails in their respective businesses, the principal purpose of which is the collection of debts.
FACTUAL ALLEGATIONS
15Plaintiff incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein with the same force and effect as if the same were set forth at length herein.
Equifax’s Multiple Reporting Violation
16Upon information and belief, on a date better known to Defendant, Equifax prepared and issued credit reports concerning the Plaintiff that included inaccurate and misleading information relating to Plaintiff’s account originally with Ally Credit ( “Account”).
17On Plaintiff’s Equifax Credit Report, dated February 03, 2026, it was reported that Plaintiff had an Ally account, with an open date of February 21, 2022.
18Further on the same report it is stated that the Plaintiff had a Plus Finance account, with the identical open date of February 21, 2022.
19The information published by Equifax is inaccurate since Plaintiff only opened one Ally/Plus Finance account on February 21, 2022, yet the credit report contains duplicate reporting of the same negative account.
20Both Ally/Plus Finance accounts contained overlapping late payment notations.
21Upon information and belief, LVNV acquired this account when in default for the purpose of debt collection. Case: 3:26-cv-00273-wmc Document #: 1 Filed: 03/30/26 Page 3 of 10
22On the same credit report it is stated that Plaintiff had a LVNV Funding collection account (“LVNV” or “collection Account”), with an owed balance of $1,293.
23The previously aforementioned Plus Finance account has an identical open balance as the LVNV account in the amount of $1,293.
24The information published by Equifax is inaccurate since the Account is being reported with derogatory notations and a negative balance in multiple forms on Plaintiff’s credit reports, making it appear that Plaintiff has more derogatory accounts on her report than she should.
25Defendant listed Plaintiff’s single Ally/Plus Finance/LVNV account as three (3) separate accounts. Ally and Plus Finance have overlapping late notations, while LVNV and the Plus Finance have identical negative balances.
26Each derogatory account listed has an additionally negative impact to a consumer’s credit score.
27Equifax is required by law to implement processes and procedures which maximize possible accuracy of all reporting.
28In addition to merely duplicating accounts on Plaintiff’s credit report, Equifax’s duplication of derogatory accounts has a serious impact to Plaintiff’s perceived creditworthiness.
29Equifax has been reporting this inaccurate information through the issuance of false and inaccurate credit information and consumer reports that it has disseminated to various persons and credit grantors, both known and unknown.
30Equifax failed to establish and implement reasonable procedures to ensure accurate reporting of Plaintiff’s credit information. Case: 3:26-cv-00273-wmc Document #: 1 Filed: 03/30/26 Page 4 of 10
31Equifax violated 15 U.S. Code § 1681e(a)and(b) by failing to maintain and follow reasonable procedures to avoid reporting inaccurate information regarding the consumer Plaintiff.
32Had Equifax maintained and followed reasonable procedures to assure maximum possible accuracy of the Plaintiff’s information, it would have been revealed to Equifax that the account in question was being reported in duplicate form.
33Equifax is required to maintain maximum possible accuracy of consumer credit reports, and this error should have been picked up internally by Equifax.
34Additionally, the publication of this information is materially misleading, as anyone who views this report would assume that the Plaintiff had three negative accounts.
35Equifax published and disseminated such inaccurate information to other third parties, persons, entities and credit grantors, as evidenced by the inquiries on the Plaintiff’s credit report in the form of hard and soft pulls.
36As a result of Defendant’s failure to comply with the FCRA, the Plaintiff suffered concrete harm in the form of loss of credit, loss of ability to purchase and benefit from credit, a chilling effect on applications for future credit, and the mental and emotional pain, anguish, humiliation and embarrassment of credit denial.
FIRST CAUSE OF ACTION (Willful Violation of the FCRA)
37Plaintiff incorporates by reference the above paragraphs of this Complaint as though fully stated herein with the same force and effect as if the same were set forth at length herein.
38This is an action for willful violation of the Fair Credit Reporting Act U.S.C. § 1681 et seq. Case: 3:26-cv-00273-wmc Document #: 1 Filed: 03/30/26 Page 5 of 10
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Public U.S. federal court record (district court docket 73114498, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.