Court Rejects Claim Plaintiff Denied Report: Sciria

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David A. Szwak
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Court Rejects Claim Plaintiff Denied Report: Sciria

Post by David A. Szwak »

Slip Copy, 2005 WL 3262954 (N.D.Ohio)
United States District Court,
N.D. Ohio, Eastern Division.
John SCIRIA, Plaintiff,
HUNTINGTON BANK, et al., Defendants.
No. 1:05CV0533.
Dec. 1, 2005.



[b51]In the Fourth Count of the Amended Complaint, Mr. Sciria alleges that Equifax violated the FCRA by failing to provide him with his credit report upon request.[/b51] However, Mr. [u51][b51]Sciria has presented no evidence showing that he was ever denied a copy of his credit report when he requested it. [/b51][/u51]To the contrary, Equifax has cited to deposition transcript testimony by Mr. Sciria in which [u51][b51]he admits he received a copy of his file in May of 2005 after he requested it[/b51][/u51]; and presents an affidavit attesting that Mr. Sciria as also sent a credit disclosure upon request in September of 2005. (Sciria Depo., pg. 38, lines 23- 24; Willis Aff., ¶ 8). Mr. Sciria's Complaint also includes copies of his credit report obtained from Equifax dated December 27, 2004 and January 19, 2005, and a letter from Equifax's attorney indicating that [u51][b51]Equifax would provide credit disclosure to Mr. Sciria whenever requested, but that due to the litigation, those disclosures would be provided through his attorney[/b51][/u51]. [u51][b51]There is absolutely no evidence, outside of this letter, which indicates that Mr. Sciria ever requested a copy of his credit report, let alone that such a request was ever refused[/b51][/u51]. Therefore, Mr. Sciria has not met his burden of showing that there is a material issue of fact remaining on this claim, and summary judgment is warranted. Mr. Sciria also claims that Equifax willfully and maliciously failed to comply with the FCRA. However, as Mr. Sciria has been able to offer no evidence to support any violation of the FCRA by Equifax, his claim that the alleged violations were willful and malicious must also fail.
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