United States Fourth Circuit
Ross v. Fed. Deposit Ins. Corp., 08-1851
In plaintiff's suit against Washington Mutual Bank (WaMu) for false reporting of credit information and unfair debt collection practices, district court's grant of summary judgment for WaMu is affirmed where: 1) because plaintiff filed outside of the Fair Credit Reporting Act's (FCRA) two-year statute of limitations, she lost any FCRA claims she may have had, whatever the merit; 2) plaintiff's state law claims are preempted by 15 U.S.C. section 1681t(b)(1)(F), the FCRA's preemption provision; 3) although plaintiff argues that her claims are expressly authorized by another FCRA provision, 15 U.S.C. section 1681h(e), she fails to present evidence that WaMu acted with the malice or willful intent to injure necessary to benefit from this section; and 4) plaintiff's unfair debt collection practices claim fails because she cannot prove proximate causation, an element of her state law claim.
Appellate Information
- Argued 09/22/2010
- Decided 10/29/2010
- Published 10/29/2010
Judges
Court
- United States Fourth Circuit
Counsel
- For Appellant:
- Christopher Wyatt Livingston, Thomas G. Hooper