Consumer claims discharged debt still appears on Equifax report

By Jenie Mallari-Torres | Mar 19, 2018

SACRAMENTO – A consumer alleges a debt discharged in a bankruptcy filing is still appearing on her credit report.

Lisa Kinney filed a complaint on Jan. 29 in the U.S. District Court for the Eastern District of California against Equifax Inc., Mid-America Bank and Trust and Does 1-100 alleging violation of the Fair Credit Reporting Act.

According to the complaint, the plaintiff filed for Chapter 7 bankruptcy in January 2017 and that debt allegedly owed to Mid-America Bank and Trust was including in the filing. The plaintiff's bankruptcy was discharged in May 2017, the suit states. 

She alleges she requested credit reports from the three credit bureaus in July 2017 and that several different trade lines were reporting inaccurate information, including the inaccurate information that the Mid-America Bank and Trust account was charged off and in collection. She alleges she disputed the information and that Mid-America Bank and Trust failed to report to Equifax that the account was discharged.

The plaintiff holds Equifax Inc., Mid-America Bank and Trust and Does 1-100 responsible because Equifax allegedly failed to follow procedures to assure accuracy in the preparation of plaintiff’s credit reports, failed to review all relevant information submitted by plaintiff,and failed to delete inaccurate information.

The plaintiff requests a trial by jury and seeks judgment against defendants, injunctive relief, statutory and actual damages, attorney’s fees and costs of suit. She is represented by Scott J. Sagaria, Elliot W. Gale, Joe B. Angelo and Scott M. Johnson of Sagaria Law PC in Roseville.

U.S. District Court for the Eastern District of California case number 2:18-cv-00207

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