Young v. National Credit Audit Corporation, No. 8:2022cv01235 - Document 14 (D. Md. 2022)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 10/19/2022. (c/m to P on 10/20/2022 heps, Deputy Clerk)
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Young v. National Credit Audit Corporation Doc. 14 Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Dominic Young, Plaintiff,pro se V. Civil No. 22-CV-1235-PJM National Credit Audit Corp., Defendants. MEMORANDUM OPINION Pro se plaintiff Dominic Young has filed a Complaint(ECF No. 3) naming the National Credit Audit Corporation("NCAC")as the sole Defendant. Young brings suit under 20 provisions of various federal consumer protection laws, including the Fair Debt Collection Practice Act ("FDCPA"), 15 U.S.C. § 1692-1692p, the Consumer Credit Protection Act("CCPA"), 15 U.S.C. § 1601(a)-1602(l), the Equal Credit Opportunity Act("ECOA"), 15 U.S.C. § 1691, and the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681. Young alleges NCAC is attempting to fraudulently collect a debt using information he did not consent to provide and by reporting false and misleading information to the major credit reporting agencies. NCAC has filed a Motion to Dismiss. On October 26, 2017, in an application for an apartment. Young provided his driver's identification and social security number to an apartment complex called Villages at Montpelier ("Villages"). ECF No. 3-2 at 11-13. On the same day, Young signed a lease agreement with Villages to rent an apartment for $1345 per month. ECF No. 3-2 at 14-21. The lease was to start on October 26,2017, and end on August 25,2018. ECF No. 3-2 at 14. -1- Dockets.Justia.com Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 2 of 9 Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 3 of 9 Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 4 of 9 Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 5 of 9 Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 6 of 9 Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 7 of 9 applies only to the unauthorized use of"credit cards" and because a social security card is not a "credit card," NCAC did not violate the statutes. Young also claims NCAC used threatening and unconscionable methods in attempting to collect the debt, violating 15 U.S.C § 1692f ("a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt") and 15 U.S.C § 1692d(l)(in attempting to collect a debt, the debt collector may not use or threaten to use "violence or other criminal means to harm the physical person, reputation, or property of any person"). ECF No. 31 at 2. Young cites his credit reports from Equifax, Trans Union, and Experian as supposedly showing the unconscionability ofNCAC's methods and cites the letters he received from NCAC as showing the agency's threatening methods. ECF No. 3-1 at 2. The Court does not see how any ofthe language in these communications can be perceived as unconscionable or threatening. ECF No. 3-2 at 3, 8; ECF No. 3-2 at 29-31. As explained, the credit reports simply show that NCAC accurately reported that Young owed a debt of$2,337.27 to Villages. Meanwhile, the two letters sent by NCAC merely notify Young of their collection attempts, instruct him on how to pay the debt, verify and validate the account with the documents provided by Villages. Young, moreover, is simply notified of their report to the major credit reporting agencies. ECF No. 3-2 at 3, 8. Finally, Young claims NCAC breached several legal duties, including failing to provide written notice of his rights to dispute the debt or to ask the identity ofthe original creditor in violation of 15 U.S.C. § 1692g(a)(4) and (a)(5), and failing to cease communications in violation of 15 U.S.C. § 1692c(c). ECF No. 3-1 at 2; ECF No. 10 at 25. Young's claim regarding NCAC's failure to make statutorily mandated disclosures is barred by the FDCPA's statute of limitations. He alleges he received notices from NCAC on -7- Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 8 of 9 Case 8:22-cv-01235-PJM Document 14 Filed 10/20/22 Page 9 of 9
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