Baker v. Specialized Loan Servicing, LLC et al

Western District of Texas, txwd-5:2019-cv-01298

ANSWER to [1] Complaint by Equifax Information Services LLC.

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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL E. BAKER, § § Plaintiff, § § v. § § Case No. 5:19-cv-01298-OLG SPECIALIZED LOAN SERVICING, LLC, § EQUIFAX INFORMATION SERVICES, LLC, § and EXPERIAN INFORMATION § SOLUTIONS, INC., § § Defendants. § DEFENDANT EQUIFAX INFORMATION SERVICES LLC'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant, Equifax Information Services LLC. ("Equifax" or "Defendant"), by and through its undersigned counsel, files its Answer and Defenses to Plaintiff's Complaint as follows: PRELIMINARY STATEMENT In answering the Complaint, Equifax states that it is responding to allegations on behalf of itself only, even where the allegations pertain to alleged conduct by all Defendants. Equifax denies any and all allegations contained in the headings and/or unnumbered paragraphs in the Complaint. ANSWER In response to the specific allegations in the enumerated paragraphs in the Complaint, Equifax responds as follows: 95782\337215\4845-4935-1857.v1 1 1. Equifax states that this is a legal conclusion which is not subject to denial or admission. To the extent a response is required, Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 1. 2. Equifax states that this is a legal conclusion which is not subject to denial or admission. To the extent a response is required, Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 2. 3. Equifax states that this is a legal conclusion which is not subject to denial or admission. To the extent a response is required, Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3. 4. Equifax states that this is a legal conclusion which is not subject to denial or admission. To the extent a response is required, Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 4. 5. Equifax admits that Plaintiff purports to bring claims against Equifax under the Fair Credit Reporting Act ("FCRA"). Equifax denies that it violated the FCRA, denies that Plaintiff was damaged by any action or inaction of Equifax, and denies that Plaintiff is entitled to any of the relief requested. 6. To the extent Plaintiff has properly alleged his claims, Equifax admits this Court may exercise its jurisdiction. 7. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 7. 8. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 8. 2 95782\337215\4845-4935-1857.v1 1 9. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 9. 10. Equifax admits the allegations in Paragraph 10. 11. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 11. 12. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 12. 13. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 13. 14. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 14. 15. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 15. 16. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 16. 17. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 17. 18. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 18. 19. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 19. 20. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 20. 3 95782\337215\4845-4935-1857.v1 1 21. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 21. 22. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 22. 23. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 23. 24. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 24. 25. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 25. 26. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 26. 27. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 27. 28. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 28. 29. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 29. 30. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 30. 31. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 31. 4 95782\337215\4845-4935-1857.v1 1 32. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 32. 33. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 33. 34. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 34. 35. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 35. 36. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 36. 37. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 37. 38. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 38. 39. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 39. 40. Equifax admits it received a dispute. Equifax states that the dispute speaks for itself and to the extent Plaintiff misstates, misquotes, or takes out of context the dispute, Equifax denies the allegations. 41. Equifax admits it received a dispute. Equifax states that the dispute speaks for itself and to the extent Plaintiff misstates, misquotes, or takes out of context the dispute, Equifax denies the allegations. 5 95782\337215\4845-4935-1857.v1 1 42. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 42. 43. Equifax denies the allegations in Paragraph 43. 44. Equifax denies the allegations in Paragraph 44. 45. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 45. 46. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 46. 47. Equifax denies the allegations in Paragraph 47. 48. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 48. 49. Equifax admits the allegations in Paragraph 49. 50. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 50. 51. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 51. 52. Equifax admits it received a dispute. Equifax states that the dispute speaks for itself and to the extent Plaintiff misstates, misquotes, or takes out of context the dispute, Equifax denies the allegations. 53. Equifax admits it received a dispute. Equifax states that the dispute speaks for itself and to the extent Plaintiff misstates, misquotes, or takes out of context the dispute, Equifax denies the allegations. 6 95782\337215\4845-4935-1857.v1 1 54. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 54. 55. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 55. 56. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 56. 57. Equifax denies any allegation it caused Plaintiff to suffer any damages. Equifax is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 57. 58. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 58. 59. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 59. 60. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 60. 61. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 61. 62. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 62. 63. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 63. 64. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 64. 7 95782\337215\4845-4935-1857.v1 1 65. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 65. 66. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 66. 67. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 67. 68. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 68. 69. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 69. 70. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 70. 71. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 71. 72. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 72. 73. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 73. 74. Equifax is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 74. 75. Equifax admits that it is a consumer reporting agency as defined by 15 U.S.C. § 1681a(f). Equifax is otherwise without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 75. 8 95782\337215\4845-4935-1857.v1 1 76. Equifax states that the referenced provision of the FCRA speaks for itself and to the extent Plaintiff misstates, misquotes, or takes out of context the provisions, Equifax denies the allegations. 77. Equifax states that the referenced provision of the FCRA speaks for itself and to the extent Plaintiff misstates, misquotes, or takes out of context the provisions, Equifax denies the allegations. 78. Equifax denies any allegation it caused Plaintiff to suffer any damages. Equifax is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 78. 79. Equifax denies any allegation it violated the FCRA in its handling of Plaintiff's credit file. Equifax is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 79. 80. Equifax denies the allegations in Paragraph 80. 81. Equifax denies the allegations in Paragraph 81. 82. Equifax denies the allegations in Paragraph 82. 83. Equifax denies the allegations in Paragraph 83. 84. Equifax admits that Plaintiff request a jury trial. 85. Equifax denies the allegations in the "WHEREFORE" Paragraph. Any allegation in Plaintiff's Complaint not heretofore specifically responded to by Equifax is hereby denied. DEFENSES Without assuming the burden of proof where it otherwise rests with Plaintiff, Equifax pleads the following defenses to the Complaint: 9 95782\337215\4845-4935-1857.v1 1 FIRST DEFENSE Plaintiff's Complaint fails to state a claim against Equifax upon which relief can be granted. SECOND DEFENSE Plaintiff's claims may be barred, in whole or in part, by the limitations period in 15 U.S.C. § 1681p. WHEREFORE, having fully answered or otherwise responded to the allegations contained in Plaintiff's Complaint, Equifax prays that: (1) Plaintiff's Complaint be dismissed in its entirety and with prejudice, with all costs taxed against Plaintiff; (2) it be dismissed as a party to this action; and (3) it recover such other and additional relief, as the Court deems just and appropriate. Dated: January 13, 2020 Respectfully submitted, CLARK HILL STRASBURGER 2301 Broadway St. San Antonio, Texas 78215-1157 (210) 250-6000 (210) 250-6100 (Fax) By: /s/ Forrest M. "Teo" Seger III FORREST M. "TEO" SEGER III Texas Bar No. 24070587 teo.seger@clarkhillstrasburger.com ATTORNEY FOR DEFENDANT, EQUIFAX INFORMATION SERVICES LLC 10 95782\337215\4845-4935-1857.v1 1 CERTIFICATE OF SERVICE I hereby certify that on January 13, 2020, a true and correct copy of the foregoing Defendant Equifax Information Services LLC's Answer to Plaintiff's Complaint was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following counsel of record: William M. Clanton bill@clantonlawoffice.com Law Office of Bill Clanton, P.C. 926 Chulie Dr. San Antonio, Texas 78216 Attorney for Plaintiff Branch M. Sheppard bsheppard@gallowaylawfirm.com Galloway, Johnson, Tompkins, Burr & Smith 1301 McKinney, Suite 1400 Houston, TX 0777 Attorney for Specialized Loan Servicing, LLC Michael A. Erdmann bsheppard@gallowaylawfirm.com Jones Day 2727 N. Harwood St., Suite 600 Dallas, TX 75201 Attorney for Experian Information Solutions, Inc. /s/ Forrest M. "Teo" Seger III FORREST M. "TEO" SEGER III 11 95782\337215\4845-4935-1857.v1