Clinton v. Discover Bank

MOTION for Judgment on the Pleadings

N.D. Tex.April 15, 2011

351868.2 _________________________________________________________________________________________________ DB SERVICING CORPORATION’S MOTION FOR JUDGMENT ON THE PLEADINGS—Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DEMETERIA CLINTON, Plaintiff, § § § § v. § § § CIVIL ACTION NO. 3:11-cv-00676 DISCOVER BANK, Defendant. § § § DB SERVICING CORPORATION’S MOTION FOR JUDGMENT ON THE PLEADINGS Defendant DB Servicing Corporation (“Discover”) successor to DFS Services LLC, wrongly named herein as Discover Bank, files this Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c) and shows the court the following: 1. Although nearly indecipherable, Ms. Clinton appears to contend that Discover provided allegedly “fallacious information,” which supposedly caused “damage in credit.” Her allegations appear to relate to the responsibilities of Discover as a “furnisher” of information to consumer reporting agencies and thus her claim arises under the Fair Credit Reporting Act 15 USC § 1681 et. seq. However, as pled, she does not have a viable cause of action under the FCRA and her claim should be dismissed because theris no private right of action under the Fair Credit Reporting Act by furnishing allegedly inaccurate information. In addition, Ms. Clinton has not alleged a cause of action under 15 U.S.C. § 1681s-2(b) because she has not plead any facts consistent with the requirement that a credit reporting agency sent a notice of dispute to Discover thus triggering Discover’s investigative responsibilities under 1681s-2(b). Case 3:11-cv-00676-N Document 7 Filed 04/15/11 Page 1 of 2 PageID 33 351868.2 _________________________________________________________________________________________________ DB SERVICING CORPORATION’S MOTION FOR JUDGMENT ON THE PLEADINGS—Page 2 For the above reasons, the Court should award judgment for Discover. Respectfully submitted, /s/ Gregg D. Stevens GREGG D. STEVENS State Bar No. 19182500 AIMEE G. SZYGENDA State Bar No. 24027054 RACHEL L. HYTKEN State Bar No. 24072163 2711 N. Haskell Avenue, Suite 2750, LB 25 Dallas, Texas 75204 Telephone: (214) 445-2406 Facsimile: (214) 445-2450 ATTORNEYS FOR DEFENDANT DB SERVICING CORPORATION, SUCCESSOR TO DFS SERVICES LLC WRONGLY NAMED HEREIN AS DISCOVER BANK CERTIFICATE OF SERVICE On April 15, 2011, a true and correct copy of the foregoing document was sent via certified mail, return receipt requested and first class US mail to Demeteria Clinton, 1322 Misty Meadow Drive, Midlothian, Texas 76065. /s/ Rachel L. Hytken Rachel L. Hytken Case 3:11-cv-00676-N Document 7 Filed 04/15/11 Page 2 of 2 PageID 34