Month: June 2017

Inconsistent Disputes Lead to Poor Results

Letren v. Trans Union, LLC, 2017 WL 445237 (D. Md. February 2, 2017) – Judge Xinis In September of 2008, the Plaintiff’s property was foreclosed on. In December of 2009, the Plaintiff filed a Ch. 7 bankruptcy.  Beginning in March of 2010, after Trans Union received notice of the bankruptcy, it began reporting the Chase mortgage account as having been included in the bankruptcy. In 2013, the Plaintiff received a copy of his TransUnion credit report, which was reporting the amount owed at “$0.00” with former terms of “$4,222 per month.” The status of the accounts as listed as “CBL:

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TILA, RESPA and FCRA . . . Oh my!

Cole v. Federal National Mortgage Association, et al., 2017 WL 623465 (D. Md. February 13, 2017) The Plaintiff, Ms. Cole, brought a case against Fannie Mae and Severus, alleging a number of claims under the Truth in Lending Act(TILA), the Real Estate Settlement Procedures Act(RESPA), the Maryland Consumer Debt Collection Act(MCDCA), the Maryland Consumer Protection Act(MCPA), and the Fair Credit Reporting Act(FCRA). Unlike most pro se Plaintiffs, who generally strikeout when throwing a bunch of these claims against the wall, Ms. Cole hits a home run on every one, and it is impressive to see. In 2007, the Plaintiff and

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Sovereign immunity applies to claims against the Government . . . Sometimes

Robinson v. Pennsylvania Higher Education Assistance Agency, et al. 2017 WL 1277429 (D. Md. April 3, 2017) The Plaintiff alleged that government student loans were fraudulently opened in his name and that he had only permitted Direct Loan to perform a credit check, not to open a loan account in his name. The parties dispute whether or not a “government or governmental subdivision or agency” in the definition of “person” includes the Department of Education, which is a federal agency. Under the doctrine of “sovereign immunities,” the United States is shielded from suit absent consent to be sued that is

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Previous case establishing not inaccurate reporting by furnisher bars claim against CRA

Alston v. TransUnion, LLC, 2017 WL 1628420 (D. Md. April 27, 2017) The Plaintiff, acting pro se, alleges that the CRA’s violated two provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681e(b) and 15 U.S.C. 1681i(a)(1). The Plaintiff alleges that the CRA erroneously relied on the bare, unsupported statements of the furnisher to report that the Plaintiff’s account was delinquent and continued to rely solely on the reporting of the furnisher, in this case, Wells Fargo. The court, citing Dalton v. Capital Assoc. Indus., Inc., 257 F.3d 409 (4th Cir. 2001), pointed out that the Fourth Circuit has interpreted

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Claim Against Furnisher Fails Unless dispute made

Flax v. Navient Solutions, Inc., 2017 WL 1153889 (March 28, 2017 D. MD.) Judge Marvin J. Garbis The Plaintiff checked his credit report and learned that his father had taken out three separate loans from Navient Solutions, Inc. in his name. This was done without the knowledge or consent of the Plaintiff and through by forging his signature. Included in the Plaintiffs Complaint was a Count for violation of the Fair Credit Reporting Act, Section 1681s-2(b). Under this section, those who furnish information to the credit reporting agencies have a responsibility to investigate the accuracy of reported information upon notice

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