Watts v. Experian Information Solutions, Inc. et al
ORDER DISMISSING CASE. Signed by District Judge Avern Cohn. (MVer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
WILLIAM MARC WATTS,
Case No. 16-11453
CAPITAL ONE BANK USA, N.A.
HON. AVERN COHN
ORDER DISMISSING CASE
This is a Fair Credit Reporting Act (FCRA) case. On February 22, 2017, the
Court held a hearing on Defendant’s Motion for Summary Judgment, (Doc. 42), and
Plaintiff’s Cross Motion for Summary Judgment, (Doc. 43). For the reasons stated on
the record, the defendant’s motion is GRANTED and plaintiff’s motion is DENIED.1
Plaintiff incurred credit card debt to defendant bank. Plaintiff defaulted on the
debt. The bank charged off the debt.2 Plaintiff claims the manner in which the charged
off debt is displayed on credit reports, see Exhibit A (attached), issued by credit
reporting agencies violates the FCRA, 15 U.S.C. § 1681s-2(b). The agencies are no
longer parties to the case. The bank transmitted monthly reports to the agencies on
charged off credit card debts. The manner in which the information was transmitted is
not in the record. Plaintiff does not dispute the accuracy of the credit reports. Plaintiff
Defendant’s Motion to Exclude Plaintiff’s Expert, (Doc. 48), is DENIED as moot.
As explained in Stratton v. Portfolio Recovery Assocs., LLC, 770 F.3d 443, 445
(6th Cir. 2014), a debt “charged off” is one a creditor deems uncollectible and for which
the creditor ceases charging interest. The creditor is allowed a bad-debt tax deduction.
acknowledges the bank is not responsible for the manner in which the agencies display
the information. The bank is not responsible under the FCRA for the manner in which
the information is displayed.
UNITED STATES DISTRICT JUDGE
Dated: February 24, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?