Man alleges disputed derogatory account is listed on Equifax report

By Noddy A. Fernandez | Jul 30, 2018

SACRAMENTO – A consumer alleges an inaccurate report is still appearing on his credit report despite his dispute.

SACRAMENTO – A consumer alleges an inaccurate report is still appearing on his credit report despite his dispute.

Michael McBride filed a complaint on July 9 in the U.S. District Court for the Eastern District of California against Equifax Information LLC, Capital One N.A., and Does 1 through 100 over alleged violation of the Fair Credit Reporting Act.

According to the complaint, the plaintiff alleges Capital One is falsely reporting him as an authorized user on a derogatory account and that it continues to report the derogatory account to Equifax. He alleges he has disputed the account with Capital One.

The plaintiff holds Equifax Information LLC and Capital One NA and Does 1 through 100 responsible because Equifax allegedly failed to maintain reasonable procedures to assure maximum accuracy and Capital One failed to reinvestigate the inaccurate account information.

The plaintiff requests a trial by jury and seeks preliminary and permanent injunction; award statutory, actual and punitive damages; attorney's fees and costs of suit. He 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-01909-TLN-DB

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Sagaria Law, PC U.S. District Court for the Eastern District of California

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