Month: June 2019

Duty to Investigate Dispute Remains Whether or Not Consumer Responds to Request for Information

Sponer v. Wells Fargo, et al. 3:17-cv-02035-HZ D. Ore – Portland Consumer/Plaintiff was a victim of identity fraud – his ID was used to purchase a vehicle when he was out of the country.  Police arrested the man who used the Plaintiff’s identity, confiscated the stolen vehicle, and obtained a confession from the thief.  Wells Fargo was notified of this through a letter from the Plaintiff.  Wells Fargo contacted the police on multiple occasions they have heard of the incident. The police then confirmed the underlying facts and returned the vehicle to Wells Fargo. Despite this, Wells Fargo refused to

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Post-Filing Modification Prevents Student Loans from Being Discharged in Bankruptcy

Naffis v. Xerox Education Services, LLC AP No. 15-0078 February 6, 2019 The consumer sought to discharge student loans, but after filing the bankruptcy, the consumer consolidated his loans, which made them a “post-petition” debt and, therefore not dischargeable. The consumer then Amended his Complaint to add violations of the Fair Debt Collection Practices Act (“FDCPA”) and the Maryland Consumer Debt Collection Act (“MCDCA”) because the servicer persuaded him to consolidate his loans, causing him to lose the opportunity for discharge. The servicer, Xerox Education Services, LLC (“XES”) filed a motion for summary judgment. The Court held that because the

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Collateral Legal Disputes Not Appropriate for FCRA Action

Bornstein v. Trans Union LLC, et al, CV-18-04773-PHX-JJT June 5, 2019 The doctor’s office failed to bill the insurance on time and did not get reimbursed.  A healthcare collection company assumed the debt and debt showed up on the Plaintiff’s credit report. The plaintiff sued under the FDCPA and FCRA stating a claim of negligence and willfulness for failing to remove the tradeline since she didn’t owe the debt; her insurance should have paid. The Court grants Defendants’ Motion to Dismiss the FCRA claims. As to whether or not she owed the money is a legal question, not a factual

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