Defendants: Department Store and the Issuing Banks/Servicer?

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bluesky
Posts: 54
Joined: Wed Nov 02, 2005 8:20 pm
Location: California

Defendants: Department Store and the Issuing Banks/Servicer?

Postby bluesky » Fri Mar 03, 2006 8:50 pm

Hello Mr. Szwak,

I just sued an OC - a department store card for FCRA violations. I did not include the bank card issuing company, FDSB, and could this cause my case to be dismissed? Is it necesary, and should I amend my complaint to include the bank/servicer? On Transunion, which has the errors, the tradeline reports just the DeptStore's name, which is why I only named them as defendant.

Thank you!

bluesky

David A. Szwak

Re: Defendants: Department Store and the Issuing Banks/Servi

Postby David A. Szwak » Sat Mar 04, 2006 5:22 am

[quote="bluesky"]Hello Mr. Szwak,
I just sued an OC - a department store card for FCRA violations. I did not include the bank card issuing company, FDSB, and could this cause my case to be dismissed? Is it necesary, and should I amend my complaint to include the bank/servicer? On Transunion, which has the errors, the tradeline reports just the DeptStore's name, which is why I only named them as defendant.
Thank you!
bluesky


Well, this is hard to answer because I do not know enough facts. If FDSB was the indirect lender/funder of credit for the retailer then they might be the furnisher of data to the CRAs and might be the entity receiving the 1681s-2 notices per 1681i[a] [[reinvestigation notices]]. I see that TU lists the offending item under retailer's name but that is not uncommon that the retailer's name is listed but usually joined with the lender's ID as part of the subscriber/furnisher ID name.

I know nothing about the facts of your case so: [1] ID theft; [2] mixed file? [3] other inaccuracy case?

What theories/causes of action have you asserted? Ie., what did you sue them for presently?

What court did you sue in? Fed or state? Are subject matter and personal jurisdiction proper? Venue?

Suing the front end creditor: [1] 1681s-2[b]; [2] FCBA, 1666; [3] other state law theories not preempted or subject to qualified immunity? The courts are split all over on a number of the issues I think you likely face so I cannot give a blanket opinion on the validity of what you filed. Did anyone look this over before you filed it?