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United States District Court for the Eastern District of Pennsylvania
September 28, 2021, Decided; September 28, 2021, Filed
Case No. 2:21-cv-00667-JDW
This case is one of dozens in this District that challenges the way that Trans Union LLC reports on credit reports for credit accounts that had a past-due balance but that a consumer has now paid in full. Shellie Gibbs alleges that Trans Union's credit reporting is inaccurate and will give potential creditors a misleading history about her. The Court disagrees. Creditors can only read Ms. Gibbs's credit report one way, and the story in that credit report is an accurate one. The Court will therefore grant Trans Union's Motion For Judgment On The Pleadings.
A. The Disputed Accounts
In October 2006, Ms. Gibbs opened [*2] a mortgage account with Bank of America. According to Ms. Gibbs, she paid that loan in full on July 16, 2013. In June 2007, Ms. Gibbs opened an auto loan account with Wells Fargo Bank, N.A. Ms. Gibbs alleges that she paid that loan in full on June 4, 2013. Ms. Gibbs complains that, after she paid these loans, Trans Union continued to report that she was delinquent, even though Trans Union showed that both accounts had a $0 balance. On February 10, 2019, Ms. Gibbs, through counsel, sent a letter to Trans Union disputing its reporting of these two accounts. Trans Union forwarded the dispute to Bank of America and Wells Fargo for investigation. Both confirmed the accuracy of the information that Trans Union was reporting.
Following its investigation, Trans Union informed Ms. Gibbs that her credit report would reflect the following for the Bank of America account: (1) the balance on the account was $0; (2) the account was closed on July 16, 2013 and had a "Maximum Delinquency of 120 days in 07/2013;" (3) the account's "Pay Status" was "Account 120 Days Past Due Date;" (4) the last payment on the account was made on July 16, 2013; (5) the account was 30 days late in April 2013, 60 days late [*3] in May 2013, and 90 days late in June 2013; and (6) under "Remarks," the account was described as "CLOSED." (ECF No. 32-2 at 5.) For the Wells Fargo account, the credit report reflected: (1) the balance on the account was $0; (2) the account was closed on June 4, 2013; (3) the account's "Pay Status" was "Account 30 Days Past Due Date;" (4) the last payment on the account, in the amount of $6,392, was made on June 4, 2013; (5) the account was current in February and March 2013 and 30-days past due in April and May 2013; and (6) under "Remarks," the account was described as "DISP INVG COMP-CONSUM DISAGRS; CLOSED." (Id. at 6.)
B. Procedural History
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 185094 *; 2021 WL 4439546
SHELLIE GIBBS, Plaintiff, v. TRANS UNION LLC, et al., Defendants.
Prior History: Gibbs v. Trans Union LLC, 2021 U.S. Dist. LEXIS 109263, 2021 WL 2375898 (E.D. Pa., June 10, 2021)
credit report, misleading, pleadings, last payment, delinquency, inaccurate, glossary