Equifax Complaint

Case 1:22-cv-03072-LMM-CCB Document 1 Filed 08/03/22 Page 1 of 23
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
NYDIA JENKINS, individually and No.:

on behalf of all others similarly
situated, CLASS ACTION COMPLAINT
Plaintiff, JURY TRIAL DEMANDED
v.
EQUIFAX, INC.,
Defendant
Plaintiff, Nydia Jenkins, individually and on behalf of the class defined below,
brings this Class Action Complaint (“Complaint”) against Equifax, Inc. (collectively,
“Equifax” or “Defendant”), and allege as follows:
NATURE OF THE CASE
1. On August 2, 2022, Equifax confirmed that due to a “glitch” in its technology
systems, the company provided inaccurate credit scores to lenders about potentially
millions of individuals who applied for credit from mid-March through early April
(hereinafter “the Glitch”). (See “Equifax Sent Lenders Inaccurate Credit Scores on
Millions of Customers” article dated August 2, 2022, attached hereto as Exhibit 1).1
2. Equifax is a consumer reporting agency, as defined by the Fair Credit
Reporting Act, 16 U.S.C. § 1681, et seq. (“FCRA”).
1
Andrew Ackerman and AnnaMaria Andriotis, Equifax Sent Lenders Inaccurate Credit Scores on
Millions of Consumers, WALLST.J (Aug. 2, 2022, 3:11PM), available at
https://www.wsj.com/articles/equifax-sent-lenders-inaccurate-credit-scores-on-millions-of-consumers-
11659467483?st=l13znb3fsy0ik1n&reflink=desktopwebshare_permalink (hereinafter Exhibit 1).
1
3. Consumer reporting agencies assemble and evaluate credit, public record,

and other consumer information into consumer reports or “credit reports.”2
4. The FCRA was enacted ‘‘to protect consumers from the transmission of
inaccurate information about them and to establish credit reporting practices that utilize
accurate, relevant, and current information in a confidential and responsible manner.’’3
5. Among other things, the FCRA “require[s] that consumer reporting agencies
adopt reasonable procedures for meeting the needs of commerce for consumer credit,
personnel, insurance, and other information in a manner which is fair and equitable to the
consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization
of such information.” 15 U.S.C.A. § 1681(b).4
6. The Consumer Financial Protection Bureau (“CFPB”) has recently affirmed
that, “[i]n preparing consumer reports, it is not a reasonable procedure to assure maximum
possible accuracy” if a consumer reporting agency uses “insufficient identifiers to match
information to the consumer who is the subject of the report.”5
7. Equifax is allowed to perform credit reporting services, involving such
sensitive consumer credit information, only if it adheres to the requirements of laws meant
to protect the privacy and accuracy of such information, such as the FCRA. Equifax’s
maintenance, use, and furnishing of consumer reports is and was intended to affect
Plaintiff and other Class Members, and the harm caused by the inaccuracies on consumer
reports resulting from the Glitch was entirely foreseeable to Equifax.
8. The damages that Plaintiff and Class Members bear as a result of the Glitch
cannot be rectified by merely updating the affected credit reports. In addition, while credit
reporting agencies offer consumers one free credit report per year, consumers who request
more than one credit report per year from the same credit reporting agency (such as
2
See 15 U.S.C. § 1681a(d) (defining “consumer report”); see also 15 § U.S.C. 1681 (recognizing “a
need to insure that consumer reporting agencies exercise their grave responsibilities with fairness,
impartiality, and a respect for the consumer’s right to privacy”).
3
6 Guimond v. Trans Union Credit Info., 45 F.3d 1329, 1333 (9th Cir.1995) (citations omitted).
4
Id. (emphasis added).
5
Id.
2
Equifax) must pay a fee for the additional report. Such fees constitute out-of-pocket costs
to Plaintiff and Class Members.
9. Defendant’s actions or inactions that allowed for the Glitch also violate its
duties and obligations as a credit reporting agency under the FCRA, as described in detail
herein. Each instance in which Equifax has failed to comply with Section 607 of the
FCRA constitutes a separate violation of the FCRA for the purpose of assessing monetary
damages.
10. Further, though the Glitch was caused by an employee or agent of Equifax’s
“coding issue,” Equifax continued to provide inaccurate credit scores and consumer
reports when it knew or should have known that Plaintiff and Class Member’s consumer
reports and credit scores were inaccurate. Thus, Equifax’s acts described herein constitute
a pattern or practice of knowing violations, as set forth in Section 621(a)(2)(A) of the
FCRA, 15 U.S.C. § 1681s(a)(2)(A).
11. This action seeks to hold Defendant accountable for its conduct and seeks
vindication and recompense on behalf of the individual consumers who were harmed by
Equifax’s negligent and/or willful violations of the FCRA.
12. Plaintiff seeks to recover FCRA statutory damages to the fullest extent
allowable by law. In addition Plaintiff also seeks injunctive relief requiring Defendant to,
inter alia, (i) conduct a full-system audit to properly identify which consumers’ credit
scores and consumer reports were affected by the Glitch; (ii) identify and notify each U.S.
citizen who was affected by the Glitch; (iii) provide a sum of money sufficient to provide
quality credit repair services to each such person for each of their respective lifetimes;
(iv) establish a fund (in an amount to be determined) to which such persons may apply
for reimbursement of the time and out-of-pocket expenses they incurred as a result of the
Glitch; (iv) disgorge its gross revenue from transactions, including but not limited to the
revenue derived from selling inaccurate consumer reports and credit scores to business
clients and the earnings on such gross revenue; and (vi) discontinue its above-described
3
wrongful actions, inaction, omissions, want of ordinary care, nondisclosures, and the
causes of the Glitch.
13. Plaintiff and Class Members have standing to sue as a result of Equifax’s
violations of federal and state statutes, including the FCRA, as detailed herein. Further,
because of Equifax’s acts and/or omissions, willful disregard and conduct, and want of
ordinary care, and the resulting harm from the Glitch. Plaintiff and Class Members have
suffered actual injury have suffered (and will continue to suffer) economic damages and
other injury and actual harm as described herein.
PARTIES
A. Plaintiff
14. Plaintiff Nydia Jenkins is and was a Florida citizen during the relevant
class period and is a resident of Jacksonville, Florida. Plaintiff Jenkins applied for an
auto-loan and was preapproved in January 2022. Though she had been pre-approved,
Plaintiff Jenkins was denied by Arlington Toyota for her auto-loan in early April of
2022. In the letter she received regarding her denial, Plaintiff Jenkin’s saw that her
credit score, reportedly furnished by Equifax, was inaccurate by 130 points. In order to
secure financing for a vehicle, Plaintiff was forced to apply for another loan from a “buy
now” dealership and received a loan with much less favorable rates. When Plaintiff was
pre-approved for her loan in January of 2022, Plaintiff was to pay an estimated $350
per month. Under the terms of her current loan, Plaintiff pays $252 bi-weekly.
B. Defendant
15. Defendant Equifax, Inc. is incorporated in Georgia with its headquarters
and principal place of business located at 1550 Peachtree Street, N.W., Atlanta, Georgia
30309. It is a citizen of Georgia.
16. Equifax is one of the major credit reporting agencies in the United States.
As a credit reporting agency, Equifax maintains information related to the credit history
of consumers and provides the information to credit grantors who are considering a
borrower’s application for credit or who have extended credit to the borrower. As a
4
credit reporting agency, Equifax is engaged in a number of credit-related services, and

supplied over 2.1 billion credit card files to lenders in 2021.6
JURISDICTION AND VENUE
17. This Court has subject matter jurisdiction over this action under the Class
Action Fairness Act, 28 U.S.C. § 1332(d), because this is a class action involving more
than 100 Class Members, the amount in controversy exceeds $5 million exclusive of
interest and costs, and many Class Members are citizens of states different from
Defendant.
18. This Court has personal jurisdiction over Defendant because it maintains its
principal place of business in Georgia, regularly conducts business in Georgia, and has
sufficient minimum contacts in Georgia. Defendant intentionally avail themselves of
this jurisdiction by conducting their corporate operations in Georgia.
19. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because
Equifax is headquartered in this District, it regularly transacts business in this District,
and a substantial part of the events, acts and omissions giving rise to Plaintiff’s claims
occurred in this District.
FACTUAL ALLEGATIONS
A. The Glitch Affected Millions of Consumers
20. On May 27, 2022, reporting first emerged that Equifax, one of the country’s
three largest consumer credit reporting agencies, had provided inaccurate credit scores on
millions of U.S. consumers seeking loans during a three-week period in 2022. (See
Equifax Telling Lenders of Potential Errors in Credit Scores, article dated May 27, 2022,
attached as Exhibit 2.).7
6
See Equifax Company Profile, Equifax, http://www.equifax.com/about-equifax/company-profile (last
visited August 3, 2022).
7
Steve Goode, Equifax Telling Lenders of Potential Errors in Credit Scores,
NationalMortgageProfessional.com (May 27, 2022), available at
https://nationalmortgageprofessional.com/news/equifax-telling-lenders-potential-errors-credit-scores
(hereinafter Exhibit 2).
5
21. According to public reporting in May of 2022, the Glitch occurred when
Equifax experienced a “coding issue introduced during a technology change to its legacy
online model platform may have resulted in the miscalculation of certain credit attributes
for about 12% of credit scores.”8
22. According to reports from consumers and public reporting, Equifax sent the
erroneous scores on people applying for auto loans, mortgages and credit cards to banks
and nonbank lenders related to individuals applying for lines of credit.9
23. The scores were sometimes off by 20 points or more in either direction,
according to public reporting, “enough to alter the interest rates consumers were offered
or to result in their applications being rejected altogether.”10
24. However, upon information and belief, some scores were inaccurate by as
much as 130 points.
25. According to public reporting, “[t]he inaccurate scores were sent from mid-
March through early April.” Despite the importance of accuracy in consumer credit
reporting, Equifax only began disclosing the errors to lenders in May.11
26. In a statement on May 27, 2022, Equifax officials acknowledged “there had
been a coding issue within a program slated for replacement, and that it may have resulted
in a potential miscalculation of certain attributes used in model calculations.”
27. Further, Equifax allegedly acknowledged in May 2022, to resellers and
lenders that for some transactions, certain attribute values — such as “number of inquiries
within one month” or “age of oldest tradeline” — were potentially incorrect.12
28. Despite that alleged private acknowledgment, Equifax publicly stated that
“credit reports” were not affected. However, as discussed below, items included on credit
reports, including the credit score itself, are vital aspects of a consumer report.
8
Ex. 2.
9
Ex. 2.
10
Ex. 1.
11
Ex. 1.
12
Ex, 2.
6
29. In May of 2022, Defendant Equifax said data quality and accuracy are at the
heart of everything Equifax does and they “take this technology issue very seriously.”13
30. Mark Begor, Equifax’s chief executive, publicly acknowledged the Glitch at
a June investor conference, calling it a coding issue that affected “legacy applications that
resulted in some scores going out that had incorrect data.”14 He then said the company
had fixed the problem and takes issues with its data quality seriously.15
31. Despite the fact that millions of consumers had inaccurate information
provided to lenders, “[t]he impact is going to be quite small,” Mr. Begor said, “not
something that’s meaningful to Equifax.”16
B. Equifax is Obligated to Ensure Maximum Possible Accuracy in

Consumer Reports
32. Equifax is one of the major credit reporting agencies in the United States as
defined in the FCRA. 15 U.S.C. § 1681a(f).
33. As a credit reporting agency, Equifax generates and sells consumer reports
or “credit reports” containing consumer information and details of a consumer’s credit
history to businesses and its recurring clients.
34. Consumer reports are used by parties to determine whether and on what
terms a consumer will be offered credit, including credit cards, student, car, and small
business loans, mortgages, rental housing, and insurance.
35. The FCRA defines consumer reports as “any written, oral, or other
communication of any information by a consumer reporting agency bearing on a
consumer’s credit worthiness, credit standing, credit capacity, character, general
reputation, personal characteristics, or mode of living which is used or expected to be
13
Ex. 2.
14
Ex. 1.
15
Ex. 1.
16
Ex. 2.
7
used or collected in whole or in part for the purpose of serving as a factor in establishing
the consumer’s eligibility” in lending decisions.17
36. As described by Equifax, “[b]usinesses rely on us for consumer and business
credit intelligence, credit portfolio management, fraud detection, decisioning technology,
marketing tools, and human resources-related services. We also offer products that enable
individual consumers to manage their financial affairs and protect their identity.”18
37. Prior to the Glitch, Equifax promised its customers and everyone about
whom it collects consumer data that it would deliver accurate information about
consumers. Equifax’s privacy policy stated, in relevant part: “We have built our
reputation on our commitment to deliver reliable information to our customers (both
businesses and consumers) and to protect the privacy and confidentiality of personal
information about consumers.”19
38. Because of the importance of consumer report accuracy to businesses and
consumers, the structure of the FCRA creates interrelated legal standards and
requirements to support the policy goal of accurate credit reporting.20
39. Among these is the requirement that, when preparing a consumer report,
consumer reporting agencies ‘‘shall follow reasonable procedures to assure maximum
possible accuracy of the information concerning the individual about whom the report
relates.’’21
40. Further, the FCRA places strict obligations on credit reporting agencies, such
as Equifax, when it comes to maintaining the accuracy of consumer credit reports.
According to the CFPB, “[a]ccuracy in consumer reports is of vital importance to the
17
15 U.S.C. § 1681a, et seq.
18
Id. at 12.
19
http://www.equifax.com/privacy/ (last accessed Aug. 3, 2022).
20
Bureau of Consumer Fin. Prot.,Fair Credit Reporting; Name-Only Matching Procedures, 86 FR
62468(Nov. 10, 2021), available at https://files.consumerfinance.gov/f/documents/cfpb_fair-credit-
reporting_advisory-opinion_2022-07.pdf.
21
15 U.S.C. 1681e(b).
8
consumer reporting system, particularly as consumer reports play an increasingly

important role in the lives of American consumers.22”
41. Section 607(b) of the FCRA, 15 U.S.C. § 1681e(b), requires that
“[w]henever a consumer reporting agency prepares a consumer report it shall follow
reasonable procedures to assure maximum possible accuracy of the information
concerning the individual about whom the report relates.”
42. This includes maximum possible accuracy with respect to the information
that is included on an individual’s consumer report – including, but not limited to credit
score itself. 23
43. The Bureau has recently affirmed that, “[i]n preparing consumer reports, it is
not a reasonable procedure to assure maximum possible accuracy” if a consumer reporting
agency uses “insufficient identifiers to match information to the consumer who is the
subject of the report.”24
44. Equifax is allowed to perform credit reporting services, involving such
sensitive consumer credit information, only if it adheres to the requirements of laws meant
to protect the privacy and accuracy of such information, such as the FCRA. Equifax’s
maintenance, use, and furnishing of consumer reports is and was intended to affect
Plaintiff and other Class Members, and the harm caused by the inaccuracies on consumer
reports resulting from the Glitch was entirely foreseeable to Equifax.
C. Impact of the Glitch
45. Equifax acknowledges that, as a consumer reporting agency, it “impact[s]
some of life’s most pivotal moments.”25 Accordingly, the requirement of maximum
22
Bureau of Consumer Fin. Prot., Fair Credit Reporting; Name-Only Matching Procedures, 86 FR
62468, 62468 (Nov. 10, 2021).
23
Consumer Fin. Prot. Bur., Fair Credit Reporting: Permissible Purposes for Furnishing and Using
and Obtaining Consumer Reports, 87 FR 41243 (Jul. 7, 2022), available at
https://www.federalregister.gov/d/2022-14823/p-41.
24
Id.
25
https://www.equifax.com/about-equifax/who-we-are/
9
possible accuracy in consumer reports “remains as important today as it was when the
statute was enacted in 1970.”26
46. Indeed, according to the CFPB, “inaccurate information in consumer reports
can have significant adverse impacts on consumers. These impacts are particularly
concerning for prospective renters and job seekers struggling to recover from the impacts
of the COVID–19 pandemic.”
47. The CFPB recently raised concerns that “[c]onsumers with inaccurate
information in their consumer reports may, for example, be denied credit or housing they
would have otherwise received, or may be offered less attractive terms than they would
have been offered if their information had been accurate.”27
48. These concerns were realized for the millions of individuals, including
Plaintiff and Class Members, who were denied credit or housing that they would have
otherwise received, or were offered less attractive terms than Plaintiff and Class Members
would have received had their information been accurate.
49. Initially, it appeared as if the Glitch was limited to individuals who applied
for mortgages, and the “company said that less than 9% experienced a change of 10 points
or less; less than 3% experienced a change of 11 to 20 points; and less than 1%
experienced a change of more than 20 points.”28
50. However, further reporting in August revealed that the issue was not limited
to individuals who applied for mortgages, and that the inaccurate consumer reports
provided by Equifax “affected many lenders across multiple consumer loan products, not
just mortgages, according to people familiar with the matter.”29
51. As reported by the Wall Street Journal in August of 2022,
26
62468, 62469 (Nov. 10, 2021), available at https://files.consumerfinance.gov/f/documents/cfpb_fair-
credit-reporting_advisory-opinion_2022-07.pdf.
27
62468 (Nov. 10, 2021), available at https://files.consumerfinance.gov/f/documents/cfpb_fair-credit-
reporting_advisory-opinion_2022-07.pdf.
28
Ex. 2.
29
Ex. 1.
10
The percentage of incorrect scores provided to lenders

varied, [people familiar with the matter] said. At one big
bank, for example, 18% of applicants during the three-
week period had incorrect scores, with an average swing
of 8 points.
[ . . .]
Equifax told one large auto lender that about 10% of
applicants during the three-week period had inaccurate
scores, according to a person familiar with the matter. Of
those, several thousand saw a change of 25 points or more
on their credit score, the person said. In a small number of
cases, applicants went from having no credit score at all to
a score in the 700s—or vice versa, the person said. The
most widely used credit scores range between 300 to 850;
the higher the credit score, the more likely an applicant
will get approved and at a lower interest rate.30
52. Nearly 25 million credit reports were requested from the three major credit
reporting agencies during the Glitch and thus it is likely that hundreds of thousands, if not
millions, of consumers were harmed by Equifax’s actions and inactions.
53. As a result of the inaccurate reporting of their consumer credit information,
Plaintiff and Class Members have experienced, without limitation, the following injuries:
 loss of use of and access to financial accounts and/or credit;
 money and time expended to avail themselves of assets and/or credit frozen
or flagged due to inaccuracies;
 impairment of their credit scores, ability to borrow, and/or ability to obtain
credit;
 lowered credit scores resulting from credit inquiries following inaccurate
reports being provided to lenders;
 money, including fees charged in some states, and time spent placing fraud
alerts and security freezes on their credit records;
30
Ex. 1.
11
 costs and lost time obtaining credit reports in order to monitor their credit
records to attempt to understand the reasoning behind the denials due to the
Glitch;
 lost opportunity costs and loss of productivity from efforts to mitigate and
address the adverse effects of the Glitch, including but not limited to efforts
to research how to prevent, detect, contest, and recover from the Glitch;
 loss of the opportunity to control how their personal information is used; and
 continuing risks to their financial health, which remains subject to further
harmful inaccurate reporting as long as Equifax fails to undertake
appropriate, legally required steps to protect and ensure the maximum
possible accuracy when creating consumer reports using the personal
information in its possession.
54. The damages that Plaintiff and Class Members bear as a result of the Glitch
cannot be rectified by merely updating the affected credit reports. In addition, while credit
reporting agencies offer consumers one free credit report per year, consumers who request
more than one credit report per year from the same credit reporting agency (such as
Equifax) must pay a fee for the additional report. Such fees constitute out-of-pocket costs
to Plaintiff and Class Members.
55. Defendant’s actions or inactions that allowed for the Glitch also violate its
duties and obligations as a credit reporting agency under the FCRA, as described in detail
herein. Each instance in which Equifax has failed to comply with Sections 607 of the
damages.
56. Further, though the Glitch was caused by an employee or agent of Equifax’s
“coding issue,” Equifax continued to provide inaccurate credit scores and consumer
reports when it knew or should have known that Plaintiff and Class Member’s consumer
reports and credit scores were inaccurate. Thus, Equifax’s acts described herein constitute
12
a pattern or practice of knowing violations, as set forth in Section 621(a)(2)(A) of the

FCRA, 15 U.S.C. § 1681s(a)(2)(A).
57. This action seeks to hold Defendant accountable for its conduct and seeks
vindication and recompense on behalf of the individual consumers who were harmed by
Equifax’s negligent and/or willful violations of the FCRA.
58. Plaintiff seeks to recover FCRA statutory damages to the fullest extent
allowable by law. In addition Plaintiff also seeks injunctive relief requiring Defendant to,
inter alia, (i) conduct a full-system audit to properly identify which consumers’ credit
scores and consumer reports were affected by the Glitch; (ii) identify and notify each U.S.
citizen who was affected by the Glich; (iii) provide a sum of money sufficient to provide
quality credit repair services to each such person for each of their respective lifetimes;
(iv) establish a fund (in an amount to be determined) to which such persons may apply
for reimbursement of the time and out-of-pocket expenses they incurred as a result of the
Glitch; (iv) disgorge its gross revenue from transactions, including but not limited to the
revenue derived from selling inaccurate consumer reports and credit scores to business
clients and the earnings on such gross revenue; and (vi) discontinue its above-described
wrongful actions, inaction, omissions, want of ordinary care, nondisclosures, and the
causes of the Glitch.
59. Plaintiff and Class Members have standing to sue as a result of Equifax’s
violations of federal and state statutes, including the FCRA, as detailed herein. Further,
because of Equifax’s acts and/or omissions, willful disregard and conduct, and want of
ordinary care, and the resulting harm from the Glitch. Plaintiff and Class Members have
suffered actual injury have suffered (and will continue to suffer) economic damages and
other injury and actual harm as described above.
CLASS ACTION ALLEGATIONS
60. Plaintiff seeks relief on behalf of herself and all others similarly situated,
brings all claims as class claims under Federal Rule of Civil Procedure 23(b)(1), (b)(2),
13
(b)(3), and (c)(4). Pursuant to Fed. R. Civ. P. Rule 23(a), (b)(2), (b)(3) and (c)(4), Plaintiff
seeks certification of a nationwide class defined as follows:
All individuals and entities in the United States whose
credit score or consumer report was inaccurately
reported or inaccurately provided to potential lenders
as a result of “the Glitch” reported by Equifax to have
occurred place between at least March 6, 2022 through
April 6, 2022 (“the Nationwide Class”).
61. Except where otherwise noted, “Class Members” shall refer to members of
the Nationwide Class.
62. Excluded from the Class are the following individuals and/or entities:
Defendant and Defendant’s parents, subsidiaries, affiliates, officers and directors, and any
entity in which Defendant has a controlling interest; all individuals who make a timely
election to be excluded from this proceeding using the correct protocol for opting out; any
and all federal, state or local governments, including but not limited to their departments,
agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; and
all judges assigned to hear any aspect of this litigation, as well as their immediate family
members and staff.
63. Plaintiff reserves the right to modify or amend the definition of the proposed
Class before the Court determines whether certification is appropriate.
64. The proposed Class meets the criteria for certification under Rule 23(a),
(b)(2), (b)(3) and (c)(4).
65. Ascertainability: Membership of the Class is defined based on objective
criteria and individual members will be identifiable from Equifax’s records, including
from Equifax’s massive data storage, consumer accounts, and enterprise services. Based
on information readily accessible to it, Equifax can identify members of the Class who
were victims of Equifax’s Glitch and FCRA violations as alleged herein.
66. Numerosity: Each of the Class consists of thousands of individuals whose
accounts were compromised as a result of the Glitch and millions of individuals whose
accounts were insecurely maintained as a result of Equifax’s FCRA violations.
14
Additionally, millions of individuals experienced actual harm from Equifax’s willful

violation of FCRA in its refusal to remedy the Glitch. Accordingly, members of the Class
are so numerous that joinder of all members is impracticable. Class Members may be
identified from Defendant’s records, including from Equifax’s consumer accounts and
enterprise services.
67. Predominant Common Questions: Common questions of law and fact exist
as to all members of the Class and predominate over any questions affecting solely
individual members of the Classes. Common questions for the Class include, but are not
limited to, the following:
a. Whether, during the class period, Equifax disclosed, or adequately
disclosed, the Glitch to lenders or consumers;
b. Whether Equifax used reasonable procedures to ensure that the
information included on consumer credit reports was accurate;
c. Whether Equifax’s measures to ensure accurate consumer reports, violate
the FTC Act or the FCRA;
d. Whether Equifax’s conduct violates the FCRA;
e. Whether Equifax acted willfully or negligently when allowing the Glitch
to continue without remedy;
f. Whether Equifax has been unjustly enriched by its conduct;
g. Whether Plaintiff and Class Members are entitled to injunctive relief to
enjoin the unlawful conduct alleged herein; and
h. Whether Plaintiff and Class Members have sustained damages as a result
of Equifax’s conduct and if so, what is the appropriate measure of
damages or restitution.
68. Typicality: Plaintiff’s claims are typical of the claims of other Class
members, as all members of the Class were uniformly affected by Equifax’s wrongful
conduct in violation of law as complained of herein.
15
69. Adequacy of Representation: Plaintiff will fairly and adequately protect the
interests of the members of the Class and have retained counsel that is competent and
experienced in class action litigation, including nationwide class actions and privacy
violations. Plaintiff and their counsel have no interest that is in conflict with, or otherwise
antagonistic to the interests of the other Class members. Plaintiff and their counsel are
committed to vigorously prosecuting this action on behalf of the members of the Classes,
and they have the resources to do so.
70. Superiority: A class action is superior to all other available methods for the
fair and efficient adjudication of this controversy since joinder of all members is
impracticable. This proposed class action presents fewer management difficulties than
individual litigation and provides the benefits of a single adjudication, economies of scale
and comprehensive supervision by a single, able court. Furthermore, as the damages
individual Class members have suffered may be relatively small, the expense and burden
of individual litigation make it impossible for members of the Class to individually
redress the wrongs done to them. There will be no difficulty in management of this action
as a class action.
CAUSES OF ACTION
COUNT I
WILLFUL VIOLATIONS OF THE FAIR CREDIT REPORTING ACT
15 U.S.C. § 1681, et seq
(On Behalf of Plaintiff and the Nationwide Class)
71. Plaintiff hereby incorporates Paragraphs 1 through 69 as if fully stated
herein.
72. In enacting the FCRA, Congress made several findings, including that
consumer reporting agencies have assumed a vital role in assembling and evaluating
consumer credit information and other consumer information. 15 U.S.C. § 1681(a)(4)
73. At all relevant times, Equifax was a consumer reporting agency as defined
by the FCRA. Under 15 U.S.C. §1681a(f), a “consumer reporting agency” includes any
person which, for monetary fees or on a cooperative nonprofit basis, regularly engages,
16
in whole or in part, in the practice of assembling or evaluating consumer credit

information or other consumer information for the purpose of furnishing “consumer
reports” to third parties, and which uses any means or facility of interstate commerce for
the purpose of preparing or furnishing consumer reports.
74. At all relevant times, Equifax had compiled and maintained a “consumer
report” on Plaintiff and Class Members as defined by the FCRA. 15 U.S.C. §
1681a(d)(1). As defined in 15 U.S.C. § 1681a(d)(1), a “consumer report” is any written,
oral, or other communication of any information by a consumer reporting agency bearing
on a consumer’s credit worthiness, credit standing, credit capacity, character, general
reputation, personal characteristics, or mode of living, which is used, expected to be used,
or collected, in whole or in part, for the purpose of serving as a factor in establishing the
consumer’s eligibility for (i) credit or insurance to be used primarily for personal, family,
or household purposes, (ii) employment purposes, or (iii) any other purpose authorized
by 15 U.S.C. § 1681b.
75. As individuals, Plaintiff and Class Members are consumers entitled to the
protections of the FCRA. 15 U.S.C. § 1681a(c).
76. As a consumer reporting agency, Defendant was (and continues to be)
required to identify, implement, maintain and monitor the proper data security measures,
policies, procedures, protocols, and software and hardware systems to safeguard, protect
and ensure the accuracy of the consumer credit information in its possession, custody
and control, including Plaintiff’s and Class Members’ credit reports and credit scores.
See 15 U.S.C. 1681(b).
77. As a consumer reporting agency, Defendant’s actions or inactions that
allowed for the Glitch violate its duties and obligations as a credit reporting agency under
the FCRA.
78. Defendant’s actions or inactions that allowed for inaccurate credit entries
and or credit scores to be included on consumer reports also violate its duties and
17
obligations as a credit reporting agency under the FCRA.

79. As alleged herein, Defendant has engaged in a number of practices that,
taken together, failed to use reasonable measures to provide for the maximum possible
accuracy on consumer credit reports. Among other things, Defendant failed to:
a. Develop and disseminate comprehensive information integrity policies,
including those related to information verification related to the
consumer reports and credit scores of Plaintiff and Class Members;
b. assess the risks of using code that could and would lead to inaccurate
credit scores and/or consumer reports being sent to lenders;
c. take appropriate action to correct existing vulnerabilities or threats to
personal information in light of known risks, especially those that lead
to the Glitch.
80. The lack of such reasonable data integrity and security measures directly
caused damages to Plaintiff and Class Members, as detailed herein.
81. By its above-described wrongful actions, inaction and omissions, want of
ordinary care, and the resulting harm to Plaintiff and Class Members, Defendant willfully
and recklessly violated the FCRA, 15 U.S.C. § 1681, et seq. by failing to identify,
implement, maintain and monitor the proper data security measures, policies, procedures,
protocols, and software and hardware systems to safeguard and protect Plaintiff’s and
Class Members’ Equifax consumer accounts that contained their Consumer Data and PII.
82. Defendant has violated 15 U.S.C.A. § 1681e(b) because, due to the Glitch,
Defendant failed to “follow reasonable procedures to assure maximum possible accuracy
of the information concerning the individual about whom the report relates.”
83. Defendant repeatedly created inaccurate consumer reports as a result of the
Glitch, Plaintiff and Class Members would not have suffered the harm as detailed herein.
84. Despite lacking sufficient testing procedures regarding the accuracy of the
consumer reports and credit scores that would have prevented the Glitch, Defendant
18
relied on its these procedures, which were unreasonable, and thus Defendant had no
reason to believe that all of the information it included its consumer report accurately
pertained to the consumer who is the subject of the user’s request.
85. As a direct and proximate result of Equifax’s actions and failures to act
described herein, Equifax offered, provided, and furnished Plaintiff’s and Class
Members’ inaccurate consumer reports. In each instance, Equifax was in violation of,
Section 1681e of the FCRA.
86. Equifax’s willful failure to use reasonable information verification
procedures resulted in a yet unknown number of inaccuracies on Equifax consumer
account holder’s credit reports, in violation of § 1681e(b).
87. Under Section 1681 of the FCRA, Equifax is liable to Plaintiff and Class
members for failing to comply with the requirements that a consumer reporting agency
not disclose consumer reports and take measures designed to avoid the unauthorized
disclosure of consumer reports. Equifax therefore is liable to Plaintiff and Class Members
for their actual damages as a result of Equifax’s failure to comply with the FCRA, as well
as costs and reasonable attorneys’ fees, in amounts to be proven at trial.
88. In addition, Defendant’s failure to comply with the foregoing requirements
was willful because Defendant knew or should have known, but recklessly disregarded,
that its information verification measures were inadequate and unreasonable and
additional steps were necessary to protect Plaintiff and Class Members from the Glitch.
89. Equifax’s acts described herein constitute a pattern or practice of knowing
violations, as set forth in Section 621(a)(2)(A) of the FCRA, 15 U.S.C. § 1681s(a)(2)(A).
Each instance in which Equifax has failed to comply with Section 607 of the FCRA
constitutes a separate violation of the FCRA for the purpose of assessing monetary
damages.
90. Plaintiff and Class Members also are entitled to recover punitive damages,
under 15 U.S.C. § 1681n(a)(2), and their attorneys’ fees, litigation expenses, and costs,
19
under 15 U.S.C. § 1681n(a)(3).

COUNT II
NEGLIGENT VIOLATIONS OF THE FAIR CREDIT REPORTING ACT
15 U.S.C. § 1681, et seq
(On behalf of Plaintiff and the Nationwide Class)
91. Plaintiff incorporates paragraphs 1-69 as if fully set forth herein, but
alleges Count II in the alternative.
92. By its above-described wrongful actions, inaction and omissions, want of
ordinary care, and the resulting harm to Plaintiff and Class Members, Defendant willfully
and recklessly violated the FCRA, 15 U.S.C. § 1681, et seq. by failing to identify,
implement, maintain and monitor the proper data security measures, policies, procedures,
protocols, and software and hardware systems to safeguard and protect Plaintiff’s and
Class Members’ Equifax consumer accounts that contained their Consumer Data and PII.
93. Defendant has violated 15 U.S.C.A. § 1681e(b) because, due to the Glitch,
Defendant failed to “follow reasonable procedures to assure maximum possible accuracy
of the information concerning the individual about whom the report relates.”
94. Defendant repeatedly created inaccurate consumer reports as a result of the
Glitch, Plaintiff and Class Members would not have suffered the harm as detailed herein.
95. Despite lacking sufficient testing procedures regarding the accuracy of the
consumer reports and credit scores that would have prevented the Glitch, Defendant
relied on its these procedures, which were unreasonable, and thus Defendant had no
reason to believe that all of the information it included its consumer report accurately
pertained to the consumer who is the subject of the user’s request.
96. As a direct and proximate result of Equifax’s actions and failures to act
described herein, Equifax offered, provided, and furnished Plaintiff’s and Class
Members’ inaccurate consumer reports. In each instance, Equifax was in violation of,
Section 1681e of the FCRA.
97. Equifax’s failure to use reasonable information verification procedures
20
resulted in a yet unknown number of inaccuracies on Equifax consumer account holder’s

credit reports, in violation of § 1681e(b).
98. Under Section 1681 of the FCRA, Equifax is liable to Plaintiff and Class
members for failing to comply with the requirements that a consumer reporting agency
not disclose consumer reports and take measures designed to avoid the unauthorized
disclosure of consumer reports. Equifax therefore is liable to Plaintiff and Class Members
for their actual damages as a result of Equifax’s failure to comply with the FCRA, as well
as costs and reasonable attorneys’ fees, in amounts to be proven at trial.
99. Each instance in which Equifax has failed to comply with Section 607 of the
damages.
100. Plaintiff and Class Members also are entitled to recover damages and their
attorneys’ fees, litigation expenses, and costs, under 15 U.S.C. § 1681n(a)(3).
RELIEF REQUESTED
101. WHEREFORE, Plaintiff, on behalf of herself and all others similarly
situated, respectfully requests that this Court:
a. Certify this action is a class action pursuant to Rule 23 of the Federal
Rules of Civil Procedure;
b. Appoint Plaintiff to represent the Class;
c. Appoint undersigned counsel to represent the Class;
d. Award statutory damages, compensatory damages, and punitive
damages where available, to Plaintiff and the Class Members against
Defendant for all damages sustained as a result of Defendant’s
wrongdoing, in an amount to be proven at trial, including interest
thereon;
e. Award nominal damages to Plaintiff and the Class Members against
Defendant;
21
f. Non-restitutionary disgorgement of all of Defendant’s profits that were

derived, in whole or in part, from Equifax’s furnishment of inaccurate
consumer reports;
g. Ordering Defendant to disgorge revenues and profits wrongfully
obtained;
h. Award Plaintiff and the Class Members their reasonable costs and
expenses incurred in this action, including attorneys’ fees and expert
fees; and
i. Grant Plaintiff and the Class Members such further relief as the Court
deems appropriate.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury of all issues in this action so triable of right.
Dated: August 3, 2022
Respectfully submitted,
/s/ Greg Bosseler ____________________

GREGORY J. BOSSELER
Georgia Bar No.: 742496
MORGAN & MORGAN ATLANTA, PLLC
191 Peachtree Street NE, Suite 4200,
Atlanta, Georgia 30303
Telephone: (404) 496-7254
Facimile: (404) 720-3835
GBosseler@forthepeople.com
MORGAN & MORGAN COMPLEX

LITIGATION GROUP
JOHN A. YANCHUNIS
(Pro Hac Vice application forthcoming)
22
JEAN SUTTON MARTIN

PATRICK BARTHLE
HOPE V. WHALEN
MORGAN & MORGAN COMPLEX
LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, Florida 33602
Telephone: (813) 559-4908
Facsimile: (813) 222-4795
jyanchunis@forthepeople.com
jeanmartin@forthepeople.com
pbarthle@forthepeople.com
hwhalen@forthepeople.com
23

Equifax Complaint

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Case 1:22-cv-03072-LMM-CCB Document 1 Filed 08/03/22 Page 1 of 23

UNITED STATES DISTRICT COURT

NYDIA JENKINS, individually and No.:

3. Consumer reporting agencies assemble and evaluate credit, public record,

credit reporting agency, Equifax is engaged in a number of credit-related services, and

B. Equifax is Obligated to Ensure Maximum Possible Accuracy in

consumer reporting system, particularly as consumer reports play an increasingly

The percentage of incorrect scores provided to lenders

a pattern or practice of knowing violations, as set forth in Section 621(a)(2)(A) of the

Additionally, millions of individuals experienced actual harm from Equifax’s willful

in whole or in part, in the practice of assembling or evaluating consumer credit

obligations as a credit reporting agency under the FCRA.

under 15 U.S.C. § 1681n(a)(3).

resulted in a yet unknown number of inaccuracies on Equifax consumer account holder’s

f. Non-restitutionary disgorgement of all of Defendant’s profits that were

Dated: August 3, 2022

/s/ Greg Bosseler ____________________

MORGAN & MORGAN COMPLEX

JEAN SUTTON MARTIN

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