- Settlement Only Required Furnisher to Report Deletion of Account to CRAs, Not Guarantee Its Deletion
- April 15, 2009
- Law Firm: Strasburger & Price, LLP - Dallas Office
Leet v. Cellco Partnership d/b/a Verizon Wireless, 2009 U.S. Dist. LEXIS 20321 (D. Mass.March 11, 2009)
Facts: Following a period of dispute between Plaintiff and Verizon Wireless regarding unpaid charges, the parties entered into an agreement in which Plaintiff agreed to pay Verizon to settle the account and Verizon agreed to notify the credit reporting agencies to delete the account. Verizon notified the CRAs, but the Verizon account continued to report adversely on Plaintiff’s credit reports. Plaintiff brought suit against Verizon, alleging violations of the FCRA, breach of contract, and other state law and common law claims. All claims but the breach of contract claim were dismissed, and Verizon filed a Motion for Summary Judgment on this remaining claim, which the Court granted.
- Settlement. Verizon satisfied its contractual obligation to Plaintiff by notifying the CRAs of the “delete status” of Plaintiff’s Verizon account.
- Settlement. While one or more of the CRAs did not delete the derogatory information from Plaintiff’s credit report, the settlement agreement did not obligate Verizon to guarantee that the CRAs delete the account; only that Verizon request the CRAs to do so.
- Settlement. Plaintiff’s breach of contract fails and summary judgment is proper because the uncontradicted evidence showed that Verizon gave the appropriate notice to the CRAs to delete the account.