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Irvin v. Equifax Information Services, LLC et al

Docket 4:19-cv-03688, Texas Southern District Court (Sept. 27, 2019)
Judge Charles Eskridge, presiding
Consumer Credit
DivisionHouston
Cause15:1681 Fair Credit Reporting Act
Case Type480 Consumer Credit
Tags480 Consumer Credit, 480 Consumer Credit
Plaintiff Dr. Charletha Irvin
Defendant Equifax Information Services, LLC
Defendant Trans Union, LLC
...
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No. 37 MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS granting 20 MOTION TO DISMISS FOR FAILURE TO ...

Document Irvin v. Equifax Information Services, LLC et al, 4:19-cv-03688, No. 37 (S.D.Tex. Aug. 6, 2020)
Motion to Dismiss (Demurrer)Granted
The claims brought against it by Plaintiff Charletha Irvin under the Fair Credit Reporting Act are dismissed without prejudice.
Irvin received reinvestigation results from Trans Union in April 2019, which showed it didn’t change the trade line.
And as here, the account in Martin clearly showed that it was charged off and closed, while at the same time referencing monthly payment amounts owed.
Trans Union points to a number of other cases where courts have granted motions to dismiss where information in the “Terms” field comes with notation of the account as closed with no balance remaining.
Plaintiff doesn’t dispute that her credit report included notations that the account was charged off and closed in June 2016 with a $0 balance.
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