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McIvor v. Credit Control Servs., Inc.

United States Court of Appeals, Eighth Circuit

December 4, 2014

Sarah McIvor, Plaintiff - Appellant
v.
Credit Control Services, Inc., doing business as Credit Collection Services, Defendant - Appellee

Submitted October 6, 2014

Page 910

Appeal from United States District Court for the District of Minnesota - Minneapolis.

For Sarah McIvor, Plaintiff - Appellant: Jonathan Lester Robert Drewes, DREWES LAW, Minneapolis, MN; Joanne Faulkner, New Haven, CT; Deepak Gupta, GUPTA & BECK, Washington, DC; Bennett Hartz, DREWES LAW, Minneapolis, MN; Richard John Rubin, Santa Fe, NM.

For Credit Control Services, Inc., doing business as Credit Collection Services, Defendant - Appellee: Ashley M. DeMinck, Russell S. Ponessa, HINSHAW & CULBERTSON, Minneapolis, MN.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

OPINION

Page 911

MURPHY, Circuit Judge.

Sarah McIvor filed a complaint in the District of Minnesota alleging that Credit Control Services (Credit Control) violated the Fair Debt Collection Practices Act

Page 912

(FDCPA), 15 U.S.C. § 1692 et seq. McIvor alleged that she disputed a debt to Credit Control by making an online report to consumer reporting agency TransUnion, that TransUnion contacted Credit Control to investigate the dispute, and that Credit Control failed to report the debt as disputed when it responded to TransUnion's inquiry. The district court[1] granted judgment on the pleadings to Credit Control. McIvor appeals. We affirm.

According to her amended complaint, McIvor used TransUnion's online system on April 2, 2013 to dispute a $242 debt alleged against her by Credit Control. McIvor reported to TransUnion, " Creditor agreed to remove this account from my file. This account is settled." TransUnion reported McIvor's dispute to Credit Control " as part of its reinvestigation required by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq." McIvor's complaint alleged that Credit Control then " provided updated credit information regarding the Debt to [TransUnion] on April 20, 2013 without stating that [she] had disputed it," and TransUnion " in turn verified the Debt to [McIvor] on April 21, 2013." McIvor attached exhibits to the complaint showing screenshots of the investigation request she submitted to TransUnion on April 2, her updated credit file dated April 20, and the resolution summary TransUnion provided her on April 21. She claimed that Credit Control's violation " makes it more difficult for Consumer to seek and receive funding."

The complaint alleges that Credit Control violated 15 U.S.C. § 1692e(8), which provides:

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, ...

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