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Dacumos v. Toyota Motor Credit Corp.
United States District Court, W.D. Washington, Seattle
December 15, 2017
CAREN ROSE DACUMOS, Plaintiff,
TOYOTA MOTOR CREDIT CORPORATION, et al., Defendants.
ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS
AND GRANTING LEAVE TO AMEND
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Defendant Toyota Motor
Credit Corporation's (“TMCC”) Motion for
Judgment on the Pleadings pursuant to Federal Rule of Civil
Procedure 12(c). Dkt. #26. Defendant seeks dismissal of all
claims against it with prejudice with respect to alleged
violations of the federal Fair Credit Reporting Act
(“FCRA”). Plaintiff opposes the motion. Dkt. #29.
Having reviewed the record before it, and neither party
having requested oral argument on the motion, the Court now
GRANTS Defendant's motion, subject to amendment.
removed the instant action to this Court on June 26, 2017.
Dkt. #1. Plaintiff alleges violations of the FCRA and damages
arising from the continued credit reporting of a charged off
amount of a car loan that she co-signed. Id.
Plaintiff names Defendant TMCC as the creditor/furnisher and
Defendants Equifax Information Services LLC
(“Equifax”) and Experian Information Solutions,
Inc. (“Experian”) as the credit reporting
agencies. Dkt. #1-1 at ¶ ¶ 2.2-2.9.
alleges the factual background to his claims as follows:
4.1 Plaintiff co-signed a vehicle loan with Defendant TOYOTA
MOTOR CREDIT CORPORATION (“Toyota”) for Melanthon
4.2 Thereafter, Mr. Ibanez defaulted on the loan.
4.3 Toyota sued Mr. Ibanez and Plaintiff in Toyota Motor
Credit Corporation v. Melanthon Ibanez and Carenrose
Dacumos, King County Superior Court Case No.
4.4 Ultimately, Plaintiff successfully defended Toyota's
action and on June 29, 2016, obtained an Order of Dismissal
With Prejudice of all of Toyota's claims against her.
4.5 This dismissal order is a matter of public record.
4.6 Defendants did not update Plaintiffs credit report to
reflect that Plaintiff owes nothing to Toyota.
4.7 Toyota account number 7040********** account status was
reported by Defendants as a Charge Off and that $13, 593 was
past due, even though Plaintiff did not owe any money to
4.8 Plaintiff submitted multiple online disputes of this
information, and Equifax and Experian notified Toyota of
4.9 Every time, Toyota verified the false information and
Equifax and Experian continued to report it.
4.10 Plaintiff submitted online disputes to Equifax on July
8, 2016, August 10, 2016, October 3, 2016 and March 10, 2017.
4.11 In Equifax's October 17, 2016 response to Plaintiffs
October 3, 2016 dispute, Equifax stated that Equifax
researched the Toyota account, and “the results are: we
verified that this item belongs to you. Additional
information has been supplied from the original source
regarding this item.” 4.12 The October 17, 2016 Equifax
updated credit report reported Toyota as a charge off with
$13, 593 owed.
4.13 Plaintiff also disputed the Toyota account to Trans
Union (not a ...
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