United States District Court, W.D. Pennsylvania
DAVID C. WYLIE, Plaintiff,
FIRST NATIONAL BANK CORP., Defendant.
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
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.
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.)
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.
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.
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.)
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
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.)
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. ¶
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.)
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