Kalisz v. Bank of America, N.A.

Filing 14

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 9/11/2018. (rban, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

RENITA KALISZ,

Plaintiff,

Civil Action No. 1:18-cv-00516

V.

BANK OF AMERICA, N.A,,
Defendant.

Memorandum Opinion
THIS

MATTER

comes

before

the

Court

on

Defendant

Bank

of

America, N.A.'s ("SANA") Motion to Dismiss pursuant to Rule 12(b)(6)
for failure to state a claim.

Plaintiff brings this case alleging a violation of the Equal
Credit Opportunity Act (^'ECOA") by SANA when it refused to allow
Plaintiff to make monthly payments on a loan in retaliation for
Plaintiff asserting her rights under the Consumer Credit Protection
Act in a state court action.

Plaintiff's Complaint alleges that in October 2005, Plaintiff
and BANA entered into an agreement in which she took out a line of

credit with BANA in the amount of $150,000 and executed the Bank of
America

Equity

Maximizer

Agreement

and

Disclosure

Statement

("Agreement"), which governs the line of credit. On February 17,
2017, Plaintiff filed suit against BANA in the Small Claims Division