Trans Union Seeks Judgment on the Pleadings in FCRA Case Involving Verizon
Defendant Trans Union seeks leave to file a motion for judgment on the pleadings and a stay of discovery pending the outcome of that motion in the Dec. 28 complaint that alleges inaccurate and misleading information provided by Verizon led…
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to erroneous debt collection actions against plaintiff Israel Mertz (see 2212300022), said Trans Union’s letter motion Thursday (docket 7:22-cv-10938) to U.S. District Judge Kenneth Karas for Southern New York in White Plains. Mertz “falsely claims” Trans Union violated the Fair Credit Reporting Act, it told the judge. His claim “rests on the argument that Trans Union was required to make a legal determination” whether Verizon entered into an agreement to resolve Mertz’s debt after it had already been sent to collections, it said. Mertz doesn’t dispute “there were problems with his payments” and doesn’t dispute that the account was sent to collections, it said. Case law says the court should dismiss Mertz’s claims against Trans Union with prejudice, because he fails to allege “a required factual inaccuracy and merely alleges a legal dispute between himself and Verizon,” it said. His claim he had an agreement with Verizon on his unpaid account “is a legal defense relying on a contractual agreement with Verizon Wireless and is not cognizable under the FCRA,” it said.