Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Blanc v. Capital One Bank

United States District Court, S.D. New York

June 24, 2015

JOHN BLANC and NOELLE BLANC, Plaintiffs,
v.
CAPITAL ONE BANK, UNITED RECOVERY SYSTEMS, JP MORGAN CHASE BANK, SUBARU, EQUIFAX INFORMATION SERVICES, INC., EXPERIAN, and TRANS UNION CORPORATION, Defendants.

OPINION & ORDER

NELSON S. ROMAN, District Judge.

Plaintiffs bring this action pro se against Capital One Auto Finance, a division of Capital One, National Association (erroneously captioned as "Capital One Bank")[1] ("Capital One Auto"), United Recovery Systems, JP Morgan Chase Bank, Subaru, Equifax Information Services, Inc., Experian, and Trans Union Corporation alleging violations of contract, debt collection practices statutes, credit reporting statutes, the Americans with Disabilities Act of 1990 (the "ADA"), and various common law doctrines. Capital One Auto moves to dismiss. For the following reasons, the motion is GRANTED.

BACKGROUND

A. Allegations Concerning Vehicle Damage

Capital One Auto is allegedly Plaintiffs "finance company"-it issued an auto loan to Plaintiffs in the amount of $14, 000 to finance the purchase of a car. (Am. CompL. ¶ 25, ECF No. 29.) Plaintiffs allege that a tree damaged their car during Superstorm Sandy. ( Id ¶ 24.) Plaintiffs twice called Capital One Auto and arranged to have the damaged car inspected and towed. ( Id. ¶¶ 28-34.) However, Capital One Auto allegedly never followed through, so Plaintiffs had the car repaired out-of-pocket for $13, 000. ( Id. ) Plaintiffs also claim that they spent $3, 000 on rentals while their car was under repair. ( Id. ¶ 34.) Plaintiffs claim that Capital One Auto refused to reimburse them for repairs. ( Id. ¶ 31.)

B. Allegations Concerning Credit Reporting

Plaintiffs allege that Capital One Auto reported false information to credit bureaus that showed up on their credit reports. ( Id. ¶ 32.) Plaintiffs do not identify what information was false or the nature of the falsehood, and moreover, Plaintiffs admit that they were "quite delinquent" on their auto loan. ( Id. ¶ 53.) Plaintiffs also claim that Capital One Bank (USA), N.A. (a separate entity from Capital One Auto[2]) ("COBUSA") canceled one of Ms. Blanc's credit cards and all of Mr. Blanc's credit cards "in a retaliatory manner" to harass, slander, or intimidate Plaintiffs. ( Id. ¶ 35.)

Plaintiffs claim that these instances of alleged false credit reporting destroyed their credit. Plaintiffs claim that their application to purchase a new car was denied. ( Id. ¶ 32.) Plaintiffs also claim that Ms. Blanc suffered shock crises, went into a coma, spent time in a rehabilitation center, and incurred $35, 000 in medical fees. ( Id. ¶¶ 37-38.) Plaintiffs further claim that they had to accept an unusually high interest rate to finance their subsequent purchase of a new vehicle. ( Id. ¶ 39.)

Plaintiffs claim that they tried to dispute "various negative statuses" that appeared on their credit reports. ( Id. ¶¶ 61-62.) Plaintiffs allege that Capital One Auto "verified the disputed information as accurate" on each occasion. ( Id. ¶ 87.)

C. Allegations Concerning Attempts to Settle Debts and Debt Collection Practices

Plaintiffs claim that in February 2013, "Marcus" of Capital One Auto offered a reduced payment plan to Plaintiffs as a settlement of the auto loan. ( Id. ¶ 45.) Plaintiffs made a counteroffer, which Capital One Auto did not accept. ( Id. ¶¶ 50-52.) Plaintiffs also claim that they had credit cards with COBUSA that were overdue. Plaintiffs allegedly "proffered" a "payment agreement" concerning these accounts to "Timothy Brown" of COBUSA, but COBUSA never responded. ( Id. ¶ 59.)

Capital One Auto and other creditors have allegedly called Plaintiffs "relentlessly" or "up to 5 times a day" to collect on various debts owed by Plaintiffs. ( Id. ¶¶ 58, 64.) Plaintiffs claim that nothing has been resolved despite their good faith efforts to dispute items with credit reporting agencies. ( Id. ¶ 65.)

* * *

Plaintiff claims that this course of conduct amounts to a breach of contract, a violation of fair debt collection practices statutes, a violation of credit reporting statutes, defamation, fraud, and harassment. Plaintiffs also claim that Capital One Auto somehow violated the Americans with Disabilities Act because they knew of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.