Mund v. Transunion

Mund v. Transunion

Opinion

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Plaintiff brings this action for alleged violations of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., and New York General Business Law ("NYGBL") § 349. Plaintiff has settled her claims against defendant Transunion. Defendant CitiMortgage, Inc. has moved to dismiss the remainder of plaintiff's claims.

BACKGROUND

The following facts are assumed true for the purpose of this motion and are construed in the light most favorable to plaintiff.

Plaintiff had an account with CitiMortgage, and at some point, defendant began to collect an alleged debt from plaintiff related to that account.

Plaintiff received a credit report from Transunion, which showed that plaintiff's account with defendant was reporting late. The relevant portion of the credit report is [*2]  excerpted below.¹

Plaintiff wrote a dispute letter to Transunion, which asked Transunion to correct the spelling of her name and said that the report included an incorrect account status. Specifically, plaintiff wrote: "This account is reporting the wrong status. It states that the account is currently past due 120 days. This is not correct, it cannot be currently late. The balance clearly shows $0. Further, I think the account was transferred which also means it's impossible for it to be currently late with this creditor. This is hurting my credit." Plaintiff demanded that Transunion remove this inaccurate information.

Transunion sent plaintiff a letter in response, which informed plaintiff that Transunion investigated the disputed line and updated the information. But the account was still reporting late, so plaintiff wrote Transunion another dispute letter: "This account is reporting the wrong status. It states that the account is currently past due. This is not correct, it cannot currently be late. The balance clearly shows $0. Further, I think the account was transferred which also means it's impossible for it to be currently late with this creditor. This is hurting my credit."

Transunion [*3]  sent plaintiff a second response letter, which stated that it investigated plaintiff's dispute and updated the account. But plaintiff's account is still reporting as shown in the above excerpt.

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