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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,
v.
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.

         I. INTRODUCTION

         This 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.

         II. BACKGROUND

         Defendants 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.

         Plaintiff 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 Ibanez.
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. 15-2-13622-4 KNT.
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 Toyota.
4.8 Plaintiff submitted multiple online disputes of this information, and Equifax and Experian notified Toyota of these disputes.
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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