McIvor v. Credit Control Servs, Inc., No. 14-1164 (8th Cir. 2014)
Annotate this CaseMcIvor claims that she used TransUnion's online system to dispute a $242 debt alleged against her by Credit Control. She reported, "Creditor agreed to remove this account from my file. This account is settled." TransUnion reported McIvor's dispute to Credit Control as required by the Fair Credit Reporting Act, 15 U.S.C. 1681. McIvor alleged that Credit Control then "provided updated credit information regarding the Debt to [TransUnion] on April 20, 2013 without stating that [she] had disputed it," and TransUnion "in turn verified the Debt to [McIvor] on April 21, 2013." McIvor attached exhibits to the complaint showing screenshots of the investigation request, her updated credit file, and the resolution summary TransUnion provided. She alleged violation of 15 U.S.C. 1692e(8) by “false, deceptive, or misleading representation or means in connection with the collection of any debt.” The Eighth Circuit affirmed dismissal. McIvor neither plausibly alleged that the communication at issue was "false, deceptive, or misleading" nor that it was "in connection with the collection of any debt."
Court Description: Civil case - Fair Debt Collection Practices Act. The district court did not err in dismissing plaintiff's complaint for failure to state a claim under the Act as it neither plausibly alleged that the communication at issue was "false, deceptive, or misleading" nor that it was "in connection with the collection of any debt."
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