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.

Wilson v. Trans Union, LLC

United States District Court, M.D. Florida, Orlando Division

May 4, 2018

LINDA WILSON, Plaintiff,
v.
TRANS UNION, LLC and MARINER FINANCE, LLC, Defendants.

          REPORT AND RECOMMENDATION

          KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE.

         TO THE UNITED STATES DISTRICT COURT:

         This cause came on for consideration without oral argument on the following motion filed herein:

MOTION:

DEFENDANT MARINER FINANCE, LLC'S MOTION TO STAY PROCEEDINGS AND COMPEL ARBITRATION (Doc. No. 18)

FILED:

April 5, 2018

         I. BACKGROUND.

         Plaintiff, Linda Wilson, instituted this action on February 20, 2018, naming Trans Union, LLC (“Trans Union”), and Mariner Finance, LLC (“Mariner LLC”), as Defendants. Doc. No. 1. Her complaint sets forth four counts, all relating to a dispute she filed with Trans Union regarding an entry in her credit file. She alleges in Counts I and II that Mariner LLC negligently or willfully violated the Fair Credit Reporting Act (“FCRA”) by failing to conduct a proper investigation of her consumer dispute and failing to direct Trans Union to remove the offending entry from her credit file. Doc. No. 1 ¶¶ 15-26. In counts III and IV, she alleges that Trans Union negligently or willfully failed to follow procedures to assure the maximum possible accuracy of her credit file and failed to conduct a reasonable reinvestigation following receipt of her consumer dispute. Id. ¶¶ 27-40. Trans Union answered the complaint. Doc. No. 21.

         On April 5, 2018, Mariner LLC moved to stay these proceedings and compel arbitration of all claims alleged against it. Doc. No. 18. It supported its motion with declarations from Salvatore Scaffidi, a Vice President at Mariner Finance Florida, Inc. (Doc. No. 18-1), and Joe Perdue, a Senior Vice President at Mariner LLC (Doc. No. 18-2). The time for filing a response has passed, and, as of the writing of this Report and Recommendation, no response has been filed. Accordingly, Mariner Finance's motion is ripe for decision.

         II. RELEVANT FACTS.[1]

         Wilson obtained a loan from Sunbelt Credit Corporation of Florida (“Sunbelt”) on or around January 15, 2014. Doc. No. 18, at 2; Doc. No. 18-1 ¶ 10; Doc. No. 18-1, at 14-21. As part of that loan transaction, she was required to sign, and did sign, an Alternative Dispute Resolution Agreement (“ADR Agreement”). Doc. No. 18, at 2; Doc. No. 18-1 ¶ 11-12; Doc. No. 18-1, at 22. Wilson's agreement to enter into the ADR Agreement induced Sunbelt to enter into the loan agreement with Wilson and provide her with the loan proceeds. Doc. No. 18-1 ¶ 14; Doc. No. 18-1, at 22 (“In consideration of the foregoing, and as an inducement to Lender to enter into the Loan Agreement with the Borrower . . .”). The ADR Agreement provides:

(1) All disputes, controversies or claims of any kind and nature between Lender and Borrower arising out of or in connection with the loan agreement or arising out of any prior dealings between Lender and Borrower or arising out of any future dealings between Lender and Borrower shall be submitted to arbitration pursuant to the procedures under the following pre-dispute arbitration agreement.
(2) Any dispute, controversy or claim arising out of or relating to the Loan Agreement, or the breach thereof, or arising out of any prior dealings between the Lender and Borrower or arising out of any future dealings between Lender and Borrower, shall be settled by arbitration in the State of Florida in accordance with the commercial Arbitration Rules of the American Arbitration Association . . . .

Doc. No. 18-1, at 22. It defines “Lender” to mean, without limitation, Sunbelt and Sunbelt's “agents, employees, officers, directors, shareholders, direct and indirect parent, subsidiaries, affiliates, predecessors, and successors.” Id.

         In July 2014, Sunbelt changed its name and merged with Mariner Finance Florida, Inc. (“Mariner Inc.”). Doc. No. 18-1 ¶ 3; Doc. No. 18-1, at 5-13. Thus, Sunbelt and Mariner Inc. are the same entity. Doc. No. 18-1 ¶ 3. In addition, Mariner Inc. and Mariner LLC are separate but affiliated entities. Id. ¶ 4; Doc. No. 18-1 ¶ 4.

         In her complaint, Wilson alleges that Mariner LLC “is inaccurately reporting its trade line with an opened date of January 2014 (‘Errant Trade Line') with bankruptcy language on her Trans Union credit file.” Doc. No. 1 ¶ 6. Wilson alleges that the Errant Trade Line was paid and not included in her Chapter 7 bankruptcy. Id. ¶ 7. After discovering the Errant Trade Line in her Trans Union credit file, Wilson submitted a letter disputing the Errant Trade Line and asking Trans Union to remove the bankruptcy language from the Errant Trade Line. Id. ΒΆ 10. With respect to Mariner LLC, Wilson alleges that, after receiving her customer dispute from Trans Union, Mariner LLC failed to ...


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.