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Xjude Agu v. John Rhea

December 15, 2010

XJUDE AGU, PLAINTIFF,
v.
JOHN RHEA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Joanna Seybert, U.S.D.J.

MEMORANDUM & ORDER

District Judge:

Plaintiff Jude Agu, pro se, filed suit against ten separate defendants, alleging various debt-related statutory and common law causes of action. Through six separate motions, each of the Defendants has moved to dismiss.*fn1 For the following reasons, all of those motions are GRANTED.

BACKGROUND

This action*fn2 arises from several distinct debts. The Court recounts Plaintiff's allegations debt-by-debt.

I. The Bank of America Debts

In early 2005, Plaintiff applied for a credit card with SunTrust Bank. (Pl. Opp. Br. at 1.) SunTrust accepted his application, and did not tell him that the credit line he applied for "belongs to Bank of America." (Id.) In November 2005, Plaintiff applied for, and received, another credit card, this time from Bank of America. (Id.) Plaintiff contends that he applied only for a single credit card with Bank of America, but that Bank of America then "opened more than one credit line accounts for Plaintiff without [his] knowledge, agreement and consent." (Am. Compl. ¶ 3.)

Sometime in 2006, Plaintiff claims that Bank of America began to mistakenly report that he owed them "more than once." (Pl. Opp. Br. at 1.) In fact, Plaintiff claims, he was up to date on his credit payments. (Id. at 4.) According to Plaintiff, he contacted several Bank of America representatives, all of whom assured him that it was a mistake. (Id. at 1.) But, Plaintiff relates, Bank of America failed to correct this mistake and incorrectly reported to Defendants Experian Information Solutions, Inc., Equifax Information Services LLC, and Trans Union LLC (collectively "Reporting Agency Defendants") that he owed money "on a second account," thereby damaging his credit. (Id.) Plaintiff contacted the Reporting Agency Defendants to sort out this alleged mistake, but obtained no relief. (Id.) In 2007 and 2008, Defendants Portfolio Recovery Associates, LLC, Arrow Financial Services, LLC (together with Collecto, Inc., the "Collection Defendants"), began trying to collect the Bank of America debt(s), including by posting them on Plaintiff's credit reports. (Id.) Plaintiff alleges that he then contacted the Collection Defendants, asking them to validate that the debt they sought to collect actually exists, but received no response. (Am. Compl. at 5-6.)

Plaintiff asserts that, through its actions, Bank of America, and its former Chief Executive Officer, Kenneth Lewis:

(1) violated the Truth-in-Lending Act by opening up credit lines in Plaintiff's name without his consent; and (2) defamed his character. (Am. Compl. at 3.) In addition, Plaintiff's opposition brief purports to assert numerous other claims based on, among other things, allegations that Bank of America posted a debt "more than once." (Pl. Opp. Br. at 6-7.)

As to the Reporting Agency Defendants, Plaintiff alleges that, by posting "false and derogatory" credit reports, these Defendants: (1) violated the Fair Credit Reporting Act; and (2) defamed his character. (Am. Compl. at 2.)

And with respect to the Collection Defendants, Plaintiff alleges that, by not properly validating the debt they sought to collect, these Defendants violated the Fair Debt Collection Practices Act. (Am. Compl. at 5-6.)

II. The New York Institute of Technology Debt

Plaintiff raises substantively identical claims against each of the Collection Defendants. However, Plaintiff's action against Collecto, Inc. (sued as "Collection Company of America") apparently arises out of a debt to the New York Institute of Technology, not Bank of America. (Pl. Opp. Br. Ex.8.) Because Plaintiff barely mentions this debt in his papers, the Court has limited information about it.

III. The Robbins Federal Credit Union Debt

In 2004, Plaintiff opened a bank account and credit line with Robbins Federal Credit Union ("Robbins"). (Pl. Opp. Br. at 1.) Sometime in 2008, Robbins obtained a judgment against Plaintiff in a Georgia court. (Id.) Plaintiff contends that Robbins did so without properly serving ...


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