WATTS v. CAPITAL ONE BANK USA, N.A., 16-11453. (2017)
Court: District Court, E.D. Michigan
Number: infdco20170227b63
Visitors: 4
Filed: Feb. 24, 2017
Latest Update: Feb. 24, 2017
Summary: ORDER DISMISSING CASE AVERN COHN , District Judge . This is a Fair Credit Reporting Act (FCRA) case. On February 22, 2017, the Court held a hearing on Defendant's Motion for Summary Judgment, (Doc. 42), and Plaintiff's Cross Motion for Summary Judgment, (Doc. 43). For the reasons stated on the record, the defendant's motion is GRANTED and plaintiff's motion is DENIED. 1 Plaintiff incurred credit card debt to defendant bank. Plaintiff defaulted on the debt. The bank charged off the debt.
Summary: ORDER DISMISSING CASE AVERN COHN , District Judge . This is a Fair Credit Reporting Act (FCRA) case. On February 22, 2017, the Court held a hearing on Defendant's Motion for Summary Judgment, (Doc. 42), and Plaintiff's Cross Motion for Summary Judgment, (Doc. 43). For the reasons stated on the record, the defendant's motion is GRANTED and plaintiff's motion is DENIED. 1 Plaintiff incurred credit card debt to defendant bank. Plaintiff defaulted on the debt. The bank charged off the debt. 2..
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ORDER DISMISSING CASE
AVERN COHN, District Judge.
This is a Fair Credit Reporting Act (FCRA) case. On February 22, 2017, the Court held a hearing on Defendant's Motion for Summary Judgment, (Doc. 42), and Plaintiff's Cross Motion for Summary Judgment, (Doc. 43). For the reasons stated on the record, the defendant's motion is GRANTED and plaintiff's motion is DENIED.1
Plaintiff incurred credit card debt to defendant bank. Plaintiff defaulted on the debt. The bank charged off the debt.2 Plaintiff claims the manner in which the charged off debt is displayed on credit reports, see Exhibit A (attached), issued by credit reporting agencies violates the FCRA, 15 U.S.C. § 1681s-2(b). The agencies are no longer parties to the case. The bank transmitted monthly reports to the agencies on charged off credit card debts. The manner in which the information was transmitted is not in the record. Plaintiff does not dispute the accuracy of the credit reports. Plaintiff acknowledges the bank is not responsible for the manner in which the agencies display the information. The bank is not responsible under the FCRA for the manner in which the information is displayed.
SO ORDERED.
FootNotes
1. Defendant's Motion to Exclude Plaintiff's Expert, (Doc. 48), is DENIED as moot.
2. As explained in Stratton v. Portfolio Recovery Assocs., LLC, 770 F.3d 443, 445 (6th Cir. 2014), a debt "charged off" is one a creditor deems uncollectible and for which the creditor ceases charging interest. The creditor is allowed a bad-debt tax deduction.
Source: Leagle
