Full title: PRENTICE MASON, Plaintiff, v. CAPITAL ONE AUTO FINANCE INC., Defendant.
Court: United States District Court, Northern District of Indiana
Case no: 2:22-CV-301-JVB-JEM
Date published: Apr 11, 2023
Fact:
- Mason filed a civil complaint against Capital One, alleging violations of the Truth in Lending Act, Fair Credit Reporting Act, and Fair Debt Collection Practices Act.
- Mason entered into a consumer credit transaction with Capital One for the purchase of a used car.
- Mason alleges that Capital One violated various provisions of the mentioned statutes.
- Mason attached documents to the complaint, including the retail installment contract with Capital One.
Issue:
- Whether Mason’s complaint sufficiently states claims for violations of the Truth in Lending Act, Fair Credit Reporting Act, and Fair Debt Collection Practices Act.
- Specifically, whether Mason has provided enough factual matter to support his claims and whether Capital One falls under the definitions of a consumer reporting agency or a debt collector.
CONCLUSION:
Based on the above, the Court hereby GRANTS Defendant Capital One Auto Finance, Inc.’s Motion to Dismiss Plaintiff’s Complaint [DE 8] and DISMISSES the Complaint [DE 1]. The claims are dismissed with prejudice except as to the following claims, which may be brought in an amended pleading: the claim under 15 U.S.C. § 1662(2), the claim under 15 U.S.C. § 1681b(a), and a claim under 15 U.S.C. § 1692j premised on the “use of another name” exception. Mason may file an amended complaint as to claims dismissed without prejudice on or before May 15, 2023 . If no amended complaint is filed, this case will be dismissed.
SO ORDERED.