Suluki v. Credit One Bank, NA et al

Filing 84

MEMO ENDORSEMENT granting 83 Motion re: 83 MOTION for Leave to File Supplemental Authority for Plaintiff's Motion for Summary Judgment. ENDORSEMENT Plaintiff's request to file supplemental authority is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 11/17/2022) (jca)

Case 1:21-cv-01156-SHS Document 84 Filed 11/17/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Khalilah Suluki,

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Plaintiff,

v.
Credit One Bank, NA; et al.,
Defendants.

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CASE NO. 1:21-cv-01156

PLAINTIFF'S REQUEST FOR LEAVE TO FILE SUPPLEMENTAL
AUTHORITY IN SUPPORT OF HER MOTION FOR SUMMARY JUDGMENT
Plaintiff Kahlilah Suluki, by Counsel, requests the Court' s leave to file as supplemental
authority to her Motion for Summary judgment the attached publication of the Consumer Financial
Protection Bureau, its Consumer Financial Protection Circular 2022-07 (Nov. 10, 2022). (Ex. 1.)
For the reasons below, the Court should permit Plaintiff's filing.

I.

CFPB INTERPRETATIONS OF THE FCRA ARE PERSUASIVE AUTHORITY.

Since 2010, the CFPB has possessed the authority '" to prescribe rules' or ' issue guidelines'
regarding the FCRA." Kidd v. Thomson Reuters Corp., 925 F,3d 99, 106 n.8 (2d Cir.2019). Courts
grant such guidance persuasive authority, id. at 106, and consider the CFPB and FTC "authoritative
sources" in interpreting the FCRA. Henderson v. Trans Union, LLC, Civ. No. JAG-14-0679, 2.Ql1

WL 1734036. at *2 (E.D. Va. May 2, 2017) ; Fernandez v. RentGrow, Inc., 341 F,R,P, 174, 193
(D . Md. 2022) (citing Henderson with approval for this point). The Court should therefore have
little difficulty concluding that the CFPB guidance attached is appropriately considered as
persuasive guidance in its analysis of Plaintiff's Motion for Summary Judgment.

Case 1:21-cv-01156-SHS Document 84 Filed 11/17/22 Page 2 of 3

II.
THE ATTACHED, RECENT PUBLICATION
WAS NOT AVAILABLE AT THE TIME THE PARTIES BRIEFED SUMMARY
JUDGMENT, BUT THE COURT SHOULD CONSIDER IT ANYWAY.
The CFPB issued the publication Plaintiff seeks to include in the record on November 10.
2022, more than five months after summary-judgment briefing closed. (See ECF 82, filed May 25,
2022.) It therefore was not available at the time the Parties were briefing both sides' summaryjudgment motions. Since the Court has not yet issued its ruling on either motion, it should consider
this recent interpretation by the CFPB.
The CFPB opinion is relevant because it discusses the reasonableness of investigations of
disputes. (See Ex. 1.) The reasonableness of Credit One's investigations into Plaintiffs disputes
of its reporting of an account as belonging to her is the centerpiece of both motions for summary
judgment, so this recent opinion by the CFPB is unquestionably relevant. The Court should
therefore permit Plaintiff to file it and should make it part of the Court's analysis of the pending
motions.

III.

CONCLUSION.

For the foregoing reasons, the Court should permit Plaintiff to file the attached Exhibit 1
as persuasive authority for her Motion for Summary Judgment. The opinion is relevant to the
Court's analysis, was unavailable at the time the Parties briefed summary judgment, and should
therefore be part of the record here.
Respectfully submitted,

November 11, 2022

Khalilah Suluki

Isl Craig C. Marchiando
Craig C. Marchiando
Leonard A. Bennett (pro hac vice)
CONSUMER LITIGATION ASSOCIATES, P.C.

763 J. Clyde Morris Boulevard, Suite 1-A

2

Case 1:21-cv-01156-SHS Document 84 Filed 11/17/22 Page 3 of 3

Newport News, VA 23601
[phone] - Telephone
[phone] - Fax
Email: [e-mail]
Email: [e-mail]
Abel L. Pierre, Esq.
149 Broadway, 46th Floor
New York, NY
[phone] -Telephone
[phone] - Facsimile
Email: [e-mail]

Attorneys for Plaintiff

Plaintifr s request to file supplemental authority is granted.
Dated:New York, New York
N overn ber '11-, 2022

SOOR/4: Jlfi:

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Sidne~

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Stein, U.S.D.J.