Sneed v. Credit One Bank, N.A., MD Tennessee

Obligation of the furnisher of credit data to advise the credit reporting agencies that the consumer has contested the subject account; a comment and flag is to be placed on the disputed account
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Sneed v. Credit One Bank, N.A., MD Tennessee

Postby Administrator » Mon Sep 15, 2014 8:12 pm

Sneed v. Credit One Bank, N.A.
Not Reported in F.Supp.2d, 2011 WL 5127746 (M.D.Tenn.)


KEVIN H. SHARP, District Judge.

*1 On September 15, 2011, the Magistrate Judge entered a Report and Recommendation (“R & R”) (Docket No. 31), recommending that Defendant's Motion to Dismiss (Docket No. 11) be granted in part and denied in part. Despite being specifically advised in the R & R that any objections to the recommendation were to be filed within fourteen days, the parties have filed no objections.

Having conducted a de novo review of the matter in accordance with Fed.R.Civ.P. 72(b), the Court agrees with the Magistrate Judge's recommendation. Accordingly,

(1) The R & R (Docket No. 31) is hereby ACCEPTED and APPROVED; and

(2) Defendant Credit One Bank, N.A.'s Motion to Dismiss (Docket No. 11) is hereby GRANTED insofar as Defendant seeks dismissal of Plaintiff's claims under 15 U.S.C. §§ 1681s–2(a)(3) & 1681s–2(a) (5) of the Fair Credit Reporting Act because there is no private cause of action for alleged violations of the duties imposed by those sections, and those claims are hereby DISMISSED. The Motion to Dismiss is DENIED in all other respects.


Sneed v. Credit One Bank, N.A.
Not Reported in F.Supp.2d, 2011 WL 5127746 (M.D.Tenn.)
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
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Chairman, Consumer Protection Section, Louisiana State Bar Association

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