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Wylie v. First National Bank, Corp.

United States District Court, W.D. Pennsylvania

July 10, 2019

DAVID C. WYLIE, Plaintiff,
v.
FIRST NATIONAL BANK CORP., Defendant.

          MEMORANDUM OPINION

          KIM R. GIBSON JUDGE

         Before the Court is Defendant First National Bank Corporation's ("FNB") Motion to Dismiss for Failure to State a Claim. (ECF No. 9.) This Motion is fully briefed (see ECF Nos. 10, 13) and is ripe for disposition. For the reasons that follow, Defendant's Motion is DENIED.

         I. Background

         A. Factual Background

         The following facts appear in Plaintiff's Amended Complaint. (ECF No. 8.) The Court accepts these facts as true for purposes of deciding the instant Motion to Dismiss.

         Plaintiff David C. Wylie is an adult individual residing in Johnstown, Pennsylvania. (ECF No. 8 ¶ 1.) Plaintiff alleges that FNB violated the Fair Credit Reporting Act (FCRA) by failing to properly investigate and correct erroneous credit information that FNB submitted to credit-reporting agencies. (Id. ¶¶ 35-48.)

         As of November 2014, Plaintiff's credit report documented 25 accounts without any negative reports. (Id. ¶ 16.) Then, on November 17, 2014, Plaintiff's daughter filed a Chapter 13 bankruptcy in the Western District of Pennsylvania. (Id. ¶ 17.) After his daughter declared bankruptcy, FNB furnished negative information to credit-reporting agencies stating that an account associated with Plaintiff was delinquent, had bad debt, was placed for collection, and was "charged off" and suspended. (Id. ¶ 18.) The account was associated with a loan that Plaintiff's daughter had taken out with FNB's predecessor. (Id. ¶ 20.) Plaintiff alleges that he was not listed as a borrower on that loan. (Id.)

         On April 29, 2015, Plaintiff sent a letter to FNB and the credit-reporting agencies disputing FNB's reporting of negative credit information. (Id. ¶ 21.) On May 24, 2015, FNB responded to Plaintiff's letter stating that Plaintiff was a co-signor on his daughter's loan and that FNB could not communicate with him about the loan because of the bankruptcy co-debtor stay. (Id. ¶ 23.)

         On June 11, 2015, Plaintiff sent a second dispute letter to FNB requesting that FNB report his credit information correctly. (Id. ¶ 24.) On June 22, 2015, Defendant responded stating that Plaintiff's request lacked specificity. (Id. ¶ 25.)

         On March 20, 2017, Plaintiff submitted a request for credit to FNB. (Id. ¶ 27.) FNB stated that it denied Plaintiff's request for credit based at least partly on information in Plaintiff's credit report. (ECF No. 8-9.) On the Adverse Action Form that FNB sent to Plaintiff, FNB stated that key factors adversely affecting Plaintiff's credit score were: (1) proportion of balances to credit limits is too high on bank revolving or other revolving accounts; (2) time since delinquency is too recent or unknown; (3) amount past due on accounts; and (4) serious delinquency. (Id.)

         Plaintiff alleges that he was also denied vehicle loans because his credit score was negatively affected by the inaccurate information that FNB furnished to credit-reporting agencies. (ECF No. 8 ¶¶ 30-33.)

         Plaintiff alleges that FNB's failure to "properly investigate, maintain proper procedures and correct these inaccuracies have caused financial harm to the Plaintiff, damage to his creditworthiness, emotional distress due to the strain this error [caused, ] and has additionally caused harm to his relationship with his daughter." (Id. ¶ 34.)

         B. Procedural Background

         Plaintiff filed a Complaint against FNB on November 29, 2018. (See ECF No. 1.) FNB filed a motion to dismiss that complaint (ECF No. 5), which was mooted by the filing of Plaintiff's Amended Complaint. (ECF No. 8.)

         Plaintiff's Amended Complaint contains one count. (Id. ¶¶ 35-48.) Plaintiff alleges that FNB willfully or negligently violated the Fair Credit Reporting Act, 15 U.S.C. § 1681, by failing to properly investigate and correct ...


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