Waggoner v. Trans Union, LLC,
Not Reported in F.Supp.2d, 2003 WL 22220668, N.D.Tex., Jul 17, 2003
Before the court is the motion of the defendant Trans Union, LLC ("Trans Union") for summary judgment. For the following reasons, the motion is granted as to the plaintiff's claims under federal law, while her claims under state law are dismissed without prejudice.
Plaintiff Marla B. Waggoner ("Waggoner") is a citizen and resident of Texas. Plaintiffs' Original Complaint ("Complaint") ¶ 1.01.
First Stone Credit Counseling ("First Stone") is a Texas nonprofit corporation. [FN1] Id. ¶ 1.02.
FN1. On June 20, 2003, this court dismissed First Stone's claim against Trans Union, which is governed exclusively by state law, without prejudice to First Stone's refiling it in state court.
Trans Union, a Delaware limited liability company with offices in Irving, Texas, is a consumer reporting agency. Id. ¶¶ 1.03, 2.04. Trans Union provides consumer credit reports to third party subscribers. Id. ¶ 2.05.
In 1994, Waggoner defaulted on a Citifinancial installment loan account with a balance of approximately $3,500. Id. ¶ 4.01. Waggoner made the last payment on that account during December 1994. Id.
Citifinancial reported to Trans Union that Waggoner opened Citifinancial account number 6074383624315747 in June 1994, and that the account became delinquent beginning in March 1995. Declaration of William R. Stockdale of Trans Union ("Stockdale Declaration") ¶ 14, located in Confidential Documents in Support of Trans Union's Motion for Summary Judgment on Plaintiff Marla Waggoner's Claims Filed Under Seal Pursuant to the Agreed Protective Order Signed by Chief Judge A. Joe Fish on January 21, 2003 ("Trans Union Appendix"), as Exhibit 20. Citifinancial further reported that by July 1995, the account was 120 days overdue with a balance of $4,081. Id.
On June 13, 1995, Waggoner filed bankruptcy under Chapter 7 of the United States Bankruptcy Code and was granted a discharge with respect to the Citifinancial loan installment account. Complaint ¶ 4.02.
Citifinancial alerted Trans Union that in August 1995 Citifinancial account number 6074395424352433, opened in June 1994, had been charged off as a bad debt with a balance of $3,441. Stockdale Declaration ¶ 15.
In May 1998, Waggoner's husband purchased a 1999 Ford pickup truck. Plaintiff Marla Waggoner's Answers and Objections to Defendant Trans Union, LLC's First Set of Interrogatories to Marla B. Waggoner ("Waggoner Interrogatories") at 9, located in Trans Union Appendix, as Exhibit 2. The Waggoners borrowed $33,000 at a rate of 11% to finance the truck. Id. Waggoner has presented no evidence that the financing company received a credit report from Trans Union when it set the interest rate. Videotaped Oral Deposition of Marla B. Waggoner ("Waggoner Deposition") at 284, located in Trans Union Appendix, as Exhibit 1.
In June 1998, Waggoner and her husband purchased a camping trailer for approximately $17,000. Waggoner Interrogatories at 9. Due to a derogatory credit rating, the Waggoners failed to qualify for a zero percent down and zero percent interest promotion. Id. at 9-10. As a result, Waggoner withdrew funds from a high interest bearing account and was penalized for early withdrawal in order to purchase the camper. Id. at 10.
*2 In April 2000, Waggoner took a second mortgage on her home. Id. at 10. Waggoner needed a home equity loan of $18,000, but Citifinancial only loaned her $10,000. Id.
On August 9, 2000, Waggoner hired First Stone to contact credit bureaus and to restore her credit rating. Complaint ¶ 4.06.
Waggoner and her husband subsequently sought to borrow $10,000 from various sources to secure a land contract. Waggoner Deposition at 79. In a letter dated August 12, 2000 to Waggoner and to her husband, Conseco Finance Servicing Corporation denied the couple's loan application based on information that it received from Experian. See Letter from Conseco Finance Servicing Corporation to David D. Waggoner and Marla B. Waggoner dated August 12, 2000, located in Trans Union Appendix, as Exhibit 5. In a letter to the Waggoners dated August 21, 2000, Key Bank denied another loan application based on information that Key Bank received from Equifax. See Letter from Key Bank to David D. Waggoner and Marla B. Waggoner dated August 21, 2000, located in Trans Union Appendix, as Exhibit 4. In a letter dated August 22, 2000, Bank of America denied the Waggoners' loan application based in whole or in part on credit information it received from Experian. See Letter from Bank of America to David D. Waggoner and Marla W. [sic] Waggoner dated August 22, 2000, located in Trans Union Appendix, as Exhibit 3. Unable to borrow the money from a bank, Waggoner withdrew $10,000 from her 401(k) plan in September 2000. Waggoner Deposition at 79-80, 86.
On August 22, 2000, Trans Union printed a consumer credit report for Waggoner. Complaint ¶ 4.04. That report contained various accounts which Trans Union classified as "adverse." Id. The Citifinancial loan installment account twice was reported as an adverse account under different account numbers. Id. ¶ 4.05.
During the summer of 2000 and spring of 2001, Lowe's Home Improvement denied Waggoner a credit card. Waggoner Interrogatories at 10.
In a document addressed to Trans Union dated December 19, 2000, First Stone disputed Waggoner's credit report. Credit Report Dispute dated December 19, 2000, located in Trans Union Appendix, as Exhibit 7. The document contained the following paragraph regarding the Citifinancial account.
*Incorrect Status* Above listed accounts are the same account. One was transferred to the other and subsequently transferred to Commercial Credit which was included in and discharged through chapter 7 bankruptcy. Please list this as a bankruptcy account only or DELETE BOTH TRADELINES ENTIRELY.
Id. at 3 (emphasis in original).
In response, on December 28, 2000, Trans Union sent consumer dispute verifications to Citifinancial regarding Citifinancial account number 6074395424352433 and Citifinancial account number 6074383624315747. Trans Union's Brief in Support of its Motion for Summary Judgment on Plaintiff Marla Waggoner's Claims ("Motion") at 6; Declaration of Eileen Little of Trans Union LLC ("Little Declaration") ¶ 4, located in Trans Union Appendix, as Exhibit 6.
*3 On January 5, 2001, Citifinancial responded to Trans Union. Trans Union Motion at 6; Little Declaration ¶ 5. Citifinancial reported that Citifinancial account number 6074395424352433 was included in Chapter 7 bankruptcy and that Citifinancial had written off the account in August 1995. Id.; see also Consumer Dispute Verification dated January 5, 2001, located in Trans Union Appendix, as Exhibit 9. Trans Union updated this account on Waggoner's credit file. Little Declaration ¶ 5. Citifinancial, however, did not respond to Trans Union's consumer dispute verification regarding Citifinancial account number 6074383624315747 within the thirty day period required by law. Motion at 6; Little Declaration ¶ 6. In accordance with Trans Union policies, Trans Union removed Citifinancial account number 6074383624315747 from Waggoner's credit file. Id.
On January 24, 2001, Trans Union sent Waggoner an updated copy of her credit report. Motion at 6; Little Declaration ¶ 7. This report reflected updated information regarding Citifinancial account number 6074395424352433 and noted that Citifinancial account number 6074383624315747 had been removed. Id.; see also Credit Report dated January 24, 2001, located in Trans Union Appendix, as Exhibit 11.
In a document dated May 22, 2002, First Stone alerted Trans Union that the Citifinancial account number 6074395424352433 listed on Waggoner's credit report was over seven years old and should be deleted. Motion at 6; Credit Report Dispute dated May 22, 2002 ("May 22, 2002 Dispute"), located in Trans Union Appendix, as Exhibit 12. Specifically, the document contained the following paragraph.
*Incorrect Status* This account is over seven (7) years old. The date of last activity on this account was in 1994 not 1995 as you are reporting. PLEASE DELETE.
May 22, 2002 Dispute at 2.
In a letter to Waggoner dated May 30, 2002, Trans Union stated, in pertinent part,
Our experience with [First Stone] shows that they routinely and knowingly dispute accurate information. We believe this practice violates the Federal Credit Repair Organization Act. For this reason, we consider their dispute to be frivolous and we will not take action on it.
Complaint ¶ 4.11; see also Letter from Trans Union to Waggoner dated May 30, 2002, located in Trans Union Appendix, as Exhibit 13.
On May 30, 2002, Trans Union also sent Waggoner an updated copy of her credit report. Little Declaration ¶ 8; see also Credit Report dated May 30, 2002, located in Trans Union Appendix, as Exhibit 14. Neither First Stone nor Waggoner communicated to Trans Union any disagreement with that report. Little Declaration ¶ 9. Waggoner does not dispute that by May 30, 2002, the only account bearing adverse information on her credit report was Citifinancial account number 6074395424352433. Complaint ¶ 4.10. Waggoner maintains that this account was discharged in bankruptcy and also is barred by limitations. Id.
*4 On June 12, 2001, Waggoner and her husband borrowed $48,000 at 9.75% from First Texoma Bank. See Promissory Note, located in Trans Union Appendix, as Exhibit 17. Waggoner can provide no evidence that First Texoma Bank requested Waggoner's credit report from Trans Union. Waggoner Deposition at 109-11.
During March 2002, Waggoner borrowed $55,000 from First Texoma Bank for a construction loan. Id. at 111. First Texoma Bank rolled this loan into the $48,000 loan. Id. at 111-13. This resulted in $101,584.56 note with a rate of 7.5%. See Consumer Promissory Note, located in Trans Union Appendix, as Exhibit 18. Before she received the construction loan from First Texoma Bank, Waggoner applied to Bank of America for a construction loan. Waggoner Deposition at 116. She believes that she was denied the loan due to a credit report that Bank of America received from Trans Union. Id. at 116-17. However, Waggoner has no proof that Trans Union issued a credit report to Bank of America at the time that she applied for the construction loan. Id. at 117, 140.
During June 2002, Sam's Wholesale Club ("Sam's Club") denied Waggoner a promotional opportunity for deferred monthly payments on a Sam's Club credit card. Waggoner Interrogatories at 10. Waggoner maintains that this occurred "while in line with [her] son and a line of people who heard. It was very embarrassing." Waggoner Interrogatories at 121.
Wagoner filed this case on July 15, 2002. In it, she maintains that as a result of her "false and defamatory credit report," she has been unable to obtain a mortgage loan at market rates, despite her substantial income. Complaint ¶ 4.15. Waggoner avers that Trans Union has violated various sections of the Fair Credit Reporting Act ("FCRA"), § 1681, et seq. Specifically, Waggoner asserts that Trans Union failed to follow procedures to ensure the accuracy of Waggoner's credit report, failed to update information in Waggoner's credit report, and maintained obsolete information on Waggoner's report. See generally Complaint.
3. Violations of FCRA § 1681i(a)
Lastly, Waggoner contends that Trans Union failed to properly investigate inaccuracies on her credit report. In her complaint, Waggoner bases this claim on Trans Union's May 30, 2002 letter to her in which Trans Union refused to reinvestigate the May 22, 2002 dispute. Waggoner Deposition at 267. As evidence that Trans Union acted with malice in its failure to reinvestigate, Waggoner pointed to the fact that Trans Union included the word "frivolous about a company that I had--entrusted in." Id. Thus, the relevant time period for Waggoner's § 1681i(a) claim runs from May 28, 2002, the date on which Waggoner disputed the inclusion of Citifinancial account number 6074395424352433 on her credit report, through July 1, 2002, the date on which Trans Union removed the entry. Motion at 29.
In response to Trans Union's motion, Waggoner now maintains that her § 1681i(a) claim is based on Trans Union's failure to verify that Citifinancial account number 6074383624315747 had been assigned to Commercial Credit. Plaintiffs' Brief in Support of Plaintiffs' Response to Trans Union LLC's Motions for Summary Judgment at 12.
*9 FCRA § 1681i(a) provides that when a credit reporting agency receives notification from a consumer, it must reinvestigate the disputed information within a reasonable time and promptly delete credit information that has been found to be inaccurate or unverifiable. Stevenson v. TRW Inc., 987 F.2d 288, 292 (5th Cir.1993).
To establish a claim under FCRA § 1681i(a), Waggoner must establish that (1) she disputed the completeness or accuracy of an item of information contained in her consumer file at Trans Union and notified Trans Union directly of that dispute; (2) Trans Union did not reinvestigate free of charge and either record the current status of the disputed information or delete the item from the file in the manner prescribed by § 1681i(a)(5) within the statutory period; (3) Trans Union's noncompliance was negligent; (4) Waggoner suffered injury; and (5) Waggoner's injury was caused by Trans Union's failure to reinvestigate and record the current status of the disputed information or delete the item from the file. Zala, 2001 WL 210693, at *4. Waggoner never requested that Trans Union include a notation in her credit report that the Citifinancial account number 6074395424352433 was transferred to Commercial Credit. Trans Union LL's Reply to Plaintiff Marla Waggoner's Response to Defendant Trans Union's Motion for Summary Judgment at 3 n. 3. Ultimately, in fact, Citifinancial purchased Commercial Credit. Id . at 3. Waggoner has failed to establish that Trans Union negligently or willfully violated § 1681i(a).
- General Discussions, Forum Registration, and ID Theft and Credit-Related News Stories
- General Discussion
- News Stories on Identity Theft, Personal Data Thefts and Credit Reporting Abuses
- Current Cases
- Lawyer Jokes
- FCRA Statute and Defined Terms Under the FCRA
- FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq.
- What is a Consumer [Credit] Reporting Agency?
- What is a Consumer [Credit] Report?
- Resellers: Who are They? What Do They Do? Are They Liable Under the FCRA?
- Investigative Consumer [Credit] Reports
- Who is a Furnisher?
- How to Get Your Credit Reports and How and Who to Write Your Dispute Letters to
- How To Get Your Credit Reports
- Dispute Letters
- Do You Have To Pay For Your Credit Report?
- FCRA Private Rights of Action and Duties Imposed by the FCRA
- Impermissible Access: 15 U.S.C. 1681b[f] and 1681q
- Front End Duties of the Credit Reporting Agencies: 15 U.S.C. 1681e(b)
- Back End Duties of the CRAs: 1681i[a]:
- Credit Bureau's Duty to Provide Consumer Documentation to Furnisher: 1681i[a][B]
- Duty to Add a Consumer's Dispute Statement in Association with a Specific Account and In Connection with the Credit File/Report: 15 U.S.C. 1681i[c]
- Furnisher FCRA Liability: 15 U.S.C. 1681s-2
- Failing to Mark Contested Accounts As Disputed: 15 U.S.C. 1681s-2[a]
- Obsolescence: When Must the Credit Reportings Come Off of the Credit Report: 15 U.S.C. 1681c
- Duty to Notate Disputed Accounts As Such: 15 U.S.C. 1681c[f]
- Adverse Action Notice Rules: 15 U.S.C. 1681m and ECOA
- Credit Solicitations Are Required to be Clear and Conspicuous: 1681m[d]
- Potential Exposure For Sanctions Due to Filing Bad Faith FCRA Cases: 15 U.S.C. 1681n[c], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11
- Credit Repair Organizations Act [CROA]
- 1681g: Credit Bureaus' Duties to Provide Reports/Disclosures and to Add 100 Word Statements of the Consumer
- Affiliate Sharing Problems and Violations, 15 U.S.C. 1681s-3
- Common Credit Report Errors and Agency Misconduct
- Credit Errors
- Theft of Identity
- Mixed File Cases
- Re-Aging: Debt Collector's Efforts to Revive Obsolete Reportings
- Reinsertion of Previously Deleted Data: How and When Can It Happen?
- VIP Databases and Offline Status
- Deceased Reporting Cases
- Causation: The Crucial Link Between Breach of a Duty and Damages
- Causation to Damage [Proving Your Damages Are Related to and Caused by the Defendants
- Types of Damages, Remedies, and Awards Under the FCRA and Related State Law Claims
- Damages Under FCRA
- Punitive Damages: 15 U.S.C. 1681n
- Injunctive Relief: FCRA and State Law
- Attorneys' Fees, Litigation Expenses and Costs:
- Declaratory Relief Under the FCRA
- What is Your Potential Case Worth? Other Case Verdicts, etc.
- FCRA Jury and Bench Trial Verdicts
- Other Federal Laws Related to Credit Reporting, Data Privacy, Billing Errors and ID Theft
- FDCPA Statute And Amendments: 15 U.S.C. 1692, et. seq.
- Fair Credit Billing Act, 15 U.S.C. 1666, et. seq.
- Identity Theft and Assumption Deterrence Act of 1998, 18 U.S.C. §1028
- Home Affordable Modification Program (“HAMP”) and Home Affordable Foreclosure Alternatives Program (“HAFA”)
- State Law Claims Related to Credit Reporting, Billing Errors, Privacy Breaches and ID Theft
- Invasion of Privacy: State Law
- Defamation: State Law
- Interference With Prospective Credit: State Law
- Interference With Marital/Family Relations: State Law
- Infliction of Emotional Distress/Mental Anguish: State Law
- Data Breach Claims and Issues
- Unfair and Deceptive Trade Practices Claims: State Law
- Jurisdiction, Venue, Removal to Federal Court, Remand to State Court, and Other Pre-Trial Jurisdicti
- Removal of FCRA Cases From State Court To Federal Court
- Personal Jurisdiction and Venue in Credit Reporting Cases
- FCRA Litigation Strategies and Procedural Issues and Law
- Settlements, Releases, Prevailing Party Status, and Other Things You Need to Know If You Resolve Your Case Before Judgment
- Offers of Judgment In FCRA Litigation
- Secret Documents, Product Information and Testimony
- Choicepoint Secret Documents:
- Equifax/CSC and Affiliates Secret Documents:
- Experian Secret Documents
- Innovis Secret Documents:
- Trans Union Secret Documents
- Furnisher and Public Records Suppliers Secret Documents
- Respondeat Superior, Vicarious Liability, and Whether Others Are Liable
- Liability For Employee's FCRA Violations? Liability For FCRA Violations by Third Parties?
- FCRA Preemption, Immunity, and Qualified Immunity
- FCRA Preemption: 15 U.S.C. 1681t[b][F] and Related Discussions
- FCRA Qualified Immunity: 15 U.S.C. 1681h[e] and Related Discussions
- States/Govermental Immunity From FCRA Claims?
- Jury Voir Dire, Instructions, Verdict Forms, etc.
- Jury Instructions and Jury Verdict Forms
- Jury Questionnaires, Voir Dire, Jury Selection and Jury Bias
- Credit Card Issues
- Credit Card Liabilities
- Do You Have a Right to Bring Claims and How Long Do You Have?
- Statute Of Limitation: 15 U.S.C. 1681p
- Standing to Sue
- Credit Scores, Adverse Action Codes, and Other Report Codes
- Credit Scores, Adverse Action Codes, Risk Factors, Denial Codes and Other Scores and Codes Supplied by the Credit Reporting Agencies
- The Mechanics of Credit Reporting
- Public Records Reportings [Non-Bankruptcy]
- Bankruptcy Reporting
- Student Loan Credit Reporting
- Metro Tape [I and II]: Standardized Credit Reporting Formats Used by the Credit Industry
- Defenses Asserted by Credit Reporting Defendants
- What Law Applies? Problems Barring Use of the Court and Law
- Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
- Conflicts of Laws Issues in FCRA and Related State Law Issues
- Standing and Statutes of Limitations
- Statute Of Limitation: 15 U.S.C. 1681p
- FCRA Legal Forms [Suits, Discovery, etc.]
- Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
- FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings
- Defenses Frequently Asserted by Defendants to Consumer's Actions
- FCRA Class Actions and Class Issues
- FCRA Class Actions
- Special Evidentiary Issues: What is Evidence?
- Evidentiary Issues in FCRA Cases
- Expert Witnesses, Special Issues and Daubert and Related Challenges
- Appellate Issues, Rules, Law, Etc.
- Defenses Asserted by Industry and Abuse Stories
- Defense Counsel Abuses and War Stories
- Law Outlines: Various Topics
Who is online
Users browsing this forum: No registered users and 3 guests