The pro se plaintiff Steve Greene had already won a case against Capital One through a default judgment in February 2007 by taking Capital One to small claims court. Remember a default judgment means Cap One didn’t respond to the summons. Not bad, he won $4k against Cap One in small claims court!
Funny part is that Capital One still didn’t fix the tradeline and the judge said of Capital One (the furnisher):
“It is certainly not beyond belief that a furnisher of information might use the false tradeline as a club in negotiating down a judgment, as may have happened in this case”.
So, what does Steve Green do? He sues ‘em again!
Unfortunately, because he already won the first case in small claims court, he would have had to file another dispute with the CRA to trigger another cause of action to have another winning case.
This is also an interesting case because it explains the difference between FCRA 1681s-2(a) and 1681s-2(b) violations. It is important to note that only s-2b violations have a private right of action and a dispute must be filed with the CRA to enforce these rights.
Plus, I just like the fact that Capital One lost the first case through a default judgment. There seems to be something poetic about that.
Greene v. Capital One Bank, 2008 (No. 2:07-CV-687 TS, D. Utah 2008)
This author is not an attorney and this information should not be considered legal advice. Please consult an attorney for legal advice.