SUSAN WEBBER WRIGHT, District Judge.
Angela Renee Biddle ("Biddle") brings this action under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., claiming that Defendant Trans Union LLC ("Trans Union") reported erroneous information on her credit report regarding a Chapter 13 bankruptcy case. Now before the Court is Trans Union's motion for summary judgment [ECF Nos. 23, 24, 25], Biddle's response in opposition [ECF Nos. 30, 31, 34], and Trans Union's reply [ECF No. 42]. Also before the Court is Biddle's motion for appointment of counsel [ECF No. 32] and Trans Union's response in opposition [ECF No. 43]. After careful consideration, and for reasons that follow, Biddle's motion for appointment of counsel is denied, and Trans Union's motion for summary judgment is granted.
Along with her response in opposition to summary judgment, Biddle filed a motion requesting that the Court appoint counsel "to take over litigation in this matter."
The Court finds that appointment of counsel is unwarranted in this case. Biddle's claims are not legally or factually complex, and it is clear from her filings in this case and others
Summary judgment is appropriate when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). As a prerequisite to summary judgment, a moving party must demonstrate "an absence of evidence to support the non-moving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). Once the moving party has properly supported its motion for summary judgment, the non-moving party must "do more than simply show there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986)
The non-moving party may not rest on mere allegations or denials of his pleading but must come forward with `specific facts showing a genuine issue for trial. Id. at 587. "[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party." RSBI Aerospace, Inc. v. Affiliated FM Ins. Co., 49 F.3d 399, 401 (8th Cir. 1995).
As an initial matter, Trans Union asks the Court to deem admitted unanswered requests for admissions. Rule 36(a) of the Federal Rules of Civil Procedure permits a party to serve on any other party "a written request to admit, for the purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to: (1) facts, the application of law to fact, or opinions about either; and (2) the genuineness of any described documents." Fed. R. Civ. P. 36(a). "A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection. . . ." Fed. R. Civ. P. 36(a)(3).
By certificate of service filed July 5, 2017,
Trans Union also submits a declaration by Monica F. Ramirez, an attorney from Texas, who serves as additional counsel for Trans Union.
Biddle offers two reasons why she failed to respond to Trans Union's requests for admissions. First, she claims that she never received a mailed copy of the discovery requests. The Court finds that Biddle's unsupported denial
Second, Biddle contends that Ramirez engaged in the unauthorized practice of law because she sent Biddle discovery requests before the Court granted her motion to appear in this case. According to Biddle, Ramirez's "unauthorized practice of law" should nullify and invalidate any action taken by her in this case prior to July 14, 2017. The Court finds that Biddle's argument is without merit. The Court's Local Rule 83.5(d) permits an attorney, who is a member in good standing of the Bar of any United States District Court, or the highest court of any state, to apply to appear and participate in a particular case. The Local Rule further provides that pleadings tendered to the Clerk for filing by an attorney who is not admitted to the Bar of this Court shall nevertheless be filed and the attorney shall be given thirty days to apply to appear pro hac vice. The Local Rule plainly indicates that some form of legal practice is permitted prior to appearing pro hac vice, and Ramirez tendered no pleadings or documents in this case before the Court granted her motion to do so.
The Court finds that matters set forth in the requests for admissions are deemed admitted.
The following facts are undisputed.
Trans Union, a credit reporting agency ("CRA") as defined under the FCRA, includes public information on consumers' credit reports. Among other things, Trans Union obtains public information regarding bankruptcy filings. Under the heading "Public Records," Biddle's Trans Union credit report contained the following entry concerning her Chapter 13 bankruptcy petition:
Over a period of several months, Biddle disputed the content of the bankruptcy entry, and Trans Union responded as follows:
The FCRA provides consumers a cause of action for negligent noncompliance with the Act's requirements, and it permits the recovery of actual damages, costs, and attorney's fees. See 15 U.S. C. § 1681o. If a violation is willful, consumers are entitled to recover punitive damages. See 15 U.S.C. § 1681n.
The FCRA requires that "[w]henever a [CRA] 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." 15 U.S.C.A. § 1681e(b). Additionally, § 1681i(a)(1)(A) provides that when a consumer notifies a CRA that the consumer is disputing the completeness or accuracy of any item of information contained in a consumer's file, the CRA "shall, free of charge, conduct a reasonable investigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file . . . before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer." 15 U.S.C. § 1681i(a)(1)(A).
Biddle charges that Trans Union negligently and willfully failed to comply with FCRA requirements under § 1681e(b) and 1681(a)(1)(A). She contends that Trans Union continues to report "inaccurate, incomplete, and erroneous information" on her consumer credit file, regarding her Chapter 13 bankruptcy.
To prevail on a claim based a failure to comply with § 1681e(b), Biddle must show that (1) Trans Union failed to follow reasonable procedures intended to assure the accuracy of its reports, (2) Trans Union reported inaccurate credit information about her, (3) she suffered harm and (4) Trans Union's failure to follow reasonable procedures was the cause of her harm. See Paul v. Experian Info. Sols., Inc., 793 F.Supp.2d 1098, 1101 (D. Minn. 2011).
Trans Union argues, and the Court agrees, that Biddle is unable to prove her claims. First, the undisputed record shows that Trans Union followed reasonable procedures to assure maximum accuracy by investigating Biddle's complaints and verifying that the bankruptcy entry on her credit report set forth accurate information. Biddle argues that Trans Union failed to provide her detailed verification of the reinvestigation process and only sent her generic form letters, but the undisputed record shows otherwise.
Second, the information set forth in the bankruptcy entry was accurate. Biddle claims that Trans Union reported inaccurate information because "there is no such entity as the Arkansas Federal Court." However, the bankruptcy entry sets forth the correct address for the United States Bankruptcy Court for the Eastern District of Arkansas and specifically states: "Court Type: US Bankruptcy Court." Considering all information set forth in the public records entry, no reasonable factfinder could conclude that the heading "ARKANSAS FED COURT-LITTL" amounts to inaccurate or misleading information.
Biddle further argues that the bankruptcy entry could be mistaken for some type of federal debt or federal judgment against her. She notes that the entry refers to a "date paid" even though the bankruptcy proceeding was dismissed, and no funds were paid out. A report is inaccurate when it is patently incorrect or when it is misleading in such a way and to such an extent that it could be expected to adversely effect credit decisions. See Dalton v. Capital Associated Indus., Inc., 257 F.3d 409, 415 (4th Cir. 2001)(quoting Sepulvado v. CSC Credit Servs., 158 F.3d 890, 895 (5th Cir.1998)). Contrary to Biddle's assertion, the entry at issue clearly indicates the existence of a "public record" regarding a dismissed Chapter 13 bankruptcy petition, and no reasonable person would conclude that it points to a federal debt or judgment. As for the inclusion of "date paid," the date that appears beside that entry is July 30, 2014, the date that the bankruptcy court dismissed Biddle's case for failure to pay the filing fee. Although the inclusion of "date paid" is out of place, it does not indicate that Biddle has an outstanding federal debt or judgment.
In support of her claim that Trans Union failed to comply with requirements under § 1681i(a)(1)(A), Biddle alleges that Trans Union failed to meet its thirty-day deadline for completing a reinvestigation. According to Biddle, she "filed" the aforementioned "DEMAND/INTENT TO SUE LETTER ITEM: CHAPTER 13 BANKRUPTCY DISMISSED #1410723"
IT IS THEREFORE ORDERED that Plaintiff's motion for appointment of counsel [ECF No. 32] is DENIED, and Defendant's motion for summary judgment [ECF No. 23] is GRANTED. Pursuant to the judgment entered together with this order, this action is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
