Watts v. Experian Information Solutions, Inc. et al

Filing 59

ORDER DISMISSING CASE. Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WILLIAM MARC WATTS,
Plaintiff,
v.

Case No. 16-11453

CAPITAL ONE BANK USA, N.A.

HON. AVERN COHN

Defendant.
___________________________________/
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
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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.
SO ORDERED.

s/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: February 24, 2017
Detroit, Michigan

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