Applicant Freddie J. Kelly is bringing charges against several defendants under the Fair Credit Reporting Act (“FCRA”). In short, it asserts that its lender SunTrust Bank (“SunTrust”) and the three national consumer credit agencies (“CRAs”), Equifax Information Services, LLC, Experian Information Solutions, Inc. and Trans Union LLC (together the “defendants”), violated FCRA by declaring its SunTrust loan to be disinscribe in certain months. Unfortunately, Kelly is simply dissatisfied with the way these companies are probing customers for payment after payment, on consumer reports. Therefore, the Court resolves this confusion by allowing the defendants to render a summary judgment. Kelly doesn`t deny paying some late loans. On the contrary, he denies having exceeded the 30-day limit in the months in question. Kelly sent eight letters to cra accused about the incidents reported between January 8 and April 28, 2012. Each time one of the CRA defendants received a letter from Kelly, he responded by generating an automated consumer litigation audit (“CDA”) and sending to SunTrust. CRA defendants use ACDVs to inform customers of credit information such as SunTrust that a consumer has submitted a dispute to a rating agency regarding the information contained in its consumer report. The decorator then checks the information, checks or corrects it and sends a response to the rating agency.
In this case, cra advocates generated an ACDV each time they received a letter from Kelly. Each time, SunTrust checked that the delinquencies identified in Kelly`s report were correct. On June 10, 2009, Kelly entered into a $22,435.22 credit agreement with a car dealership for the purchase of a vehicle. SunTrust purchased the loan from the dealership. Under the agreement, Kelly owed sixty monthly payments of $445.43. He owed payment on the 25th day of each month. If Kelly did not pay within seven days of maturity, SunTrust would estimate the 5% fee after the end. Kelly also challenged the delinquencies directly with SunTrust. United States District Judge Date: 2/25/16 Richmond, VA Kelly owed payment October 25, 2011, November 25, 2011, thirty-one days after the due date. He made the payment due on November 25, 2011, December 24, 2011, which fell on a Saturday. SunTrust was closed on December 25, 2011, on a Sunday, and on December 26, 2011, a federal holiday.
Kelly`s payment was published on December 27, 2011, thirty-two days after the original due date. Finally, Kelly made the payment due January 25, 2012, February 24, 2012, thirty days after the due date. As a result, SunTrust reported that Kelly`s account contained an offender between thirty and fifty-nine days in November 2011, December 2011 and February 2012. As good as the court can decipher, Kelly complains that SunTrust and the CRA defendant both amended their consumption report retroactively after sending them letters of litigation. Even if SunTrust and CRA advocates updated Kelly`s account after he filed a letter of litigation, this is not against the law. Specific negative credit information is unpleasant for the consumer, but cannot maintain a FCRA claim against the decorator who provides it or against the rating agencies that declare it. Whenever Kelly failed to pay within thirty days of an expiry date, SunTrust declared his account to cra defendants as being between thirty and fifty-nine days of offender.