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Motions to Dismiss Denied in FDCPA/FCRA Case


A recent FDCPA/FCRA case out of the U.S. District Court Northern District of Illinois Eastern Division resulted in a denial of all attempts by the defendant to dismiss the counts against them. Bayview Loan Servicing, LLC is accused of failing to correct an error regarding the plaintiff’s mortgage obligation after a bankruptcy discharge, and to collect on a discharged debt.

Here are the facts of the case:

  • The plaintiff executed two mortgage loans with Countrywide Home Loans before Countrywide merged with Bank of America in September 2012. His loans were reassigned to B of A, but by December, he was informed that they had been taken over by Bayview Loan Servicing.
  • The plaintiff filed for Chapter 13 bankruptcy in December 2012. The bankruptcy plan stated that he would surrender his home. He received an Order of Discharge in May 2014.
  • Credco, another defendant, requested and received copies of the plaintiff’s Experian credit report on behalf of defendant Nationstar, without the plaintiff’s consent and without any permissible purpose. This was done after the discharge.
  • The plaintiff continued to receive a number of post-discharge communications from Bayview informing him that he was delinquent on his mortgage payments and that he faced foreclosure on his home.
  • The plaintiff alleges that Experian and Equifax both reported errors on his credit report regarding his mortgage with Bayview. After informing both reporting agencies of the error, he claimed that Equifax did nothing to correct the error, and Experian issued a corrected report but failed to remove certain information.
  • The plaintiff alleges that Bayview violated the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and the Illinois Consumer Fraud Act (ICFA). Credco is also accused of violating the FCRA.

The Court agreed that Bayview’s actions violated the FDCPA and denied their motion to dismiss on all counts. This is another great victory for the consumer!

If you suspect that your rights under the FDCPA and FCRA have been violated, take the first step towards holding the offender responsible. A Chicago consumer attorney at Atlas Consumer Law is ready to help you file a complaint. With extensive experience, we know what it takes to prevail in these cases! Get started by calling (312) 313-1613.

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