Customer accuses consumer reporting agency of debt misrepresentation

By Noddy A. Fernandez | Feb 22, 2018

SAN DIEGO — A San Diego County man is suing a credit reporting agency, alleging misrepresentation in debt collection.

SAN DIEGO — A San Diego County man is suing a credit reporting agency, alleging misrepresentation in debt collection.

Jonathon Frakes filed a complaint Feb. 14 in U.S. District Court for the Southern District of California against Equifax Information Services LLC, alleging violation of the Fair Credit Reporting Act.

According to the complaint, on May 23, 2017, Frakes filed a Chapter 7 bankruptcy in order to obtain a fresh start and rebuild his credit and was granted bankruptcy discharge Aug. 29, 2017. However, Frakes says beginning in January, Equifax has prepared his credit report inaccurately, displaying a debt that had been discharged through his bankruptcy. 

As a result, Frakes says he he suffered mental and emotional pain, anger and frustration. 

The plaintiff alleges Equifax Information Services failed to maintain procedures to assure maximum possible accuracy of the information contained in its consumers' credit reports by inaccurately displaying debts that had been discharged through bankruptcy.

Frakes seeks trial by jury, actual and punitive damages, statutory damages between $100 and $1,000, costs of litigation, attorney fees and all other relief the court deems just and proper. He is represented by attorneys Wayne A. Sinnett and Crystal T. Innabi of Sinnett Law APC in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-00350-AJB-BGS

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Equifax Information Services LLC U.S. District Court for the Southern District of California

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