Case details

Inaccurately reported payments damaged credit score: plaintiff

SUMMARY

$379212.92

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2011, plaintiff Patrick Kealy, a real estate owner, attempted to make payments to Ford Motor Credit Co. LLC. Kealy previously co-signed an agreement to lease a vehicle for Emily Morissette, a Massachusetts resident, in 2005. The vehicle lease ended in late 2008, but Morissette had failed to make all of the lease payments. As a result, Ford Motor Credit sought recovery from Kealy, who allegedly authorized the auto lender to deduct automatic payments from his bank account from 2011 to 2013. However, Kealy claimed that Ford Motor Credit canceled the automatic payments, thereby damaging his credit score. Kealy sued Ford Motor Credit Co. LLC. Kealy alleged that Ford Motor Credit violated the Fair Credit Reporting Act and the Consumer Credit Agencies Reporting Act. Kealy claimed that Ford Motor Credit reported payments and other information inaccurately to credit reporting agencies, and sought to collect payments from him for the lease without first getting his consent via a signed notice. Defense counsel contended that Ford Motor Credit had reasonable procedures to ensure the accuracy of its reporting to comply with the Fair Credit Reporting Act and the Consumer Credit Agencies Reporting Act., Kealy claimed the inaccurate reporting harmed his credit score and prevented him from refinancing his mortgage. He alleged that as a result, he suffered from emotional distress. Thus, Kealy sought recovery of non-economic damages for his emotional pain and suffering. He also sought recovery of punitive damages, as he contended that the wrongful reporting was willful and that he should be entitled to a maximum recovery of punitive damages of up to $5,000 per violation per statute.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case