SAN DIEGO (Legal Newsline) - A federal judge has ruled that the named plaintiff in a proposed class action lawsuit against Southwestern & Pacific Specialty Finance Inc. failed to prove that the company violated the Fair Credit Reporting Act.
The named plaintiff, Jaime Lea Derderian, could not provide sufficient evidence that she did not receive Southwestern's firm offers of credit, according to an order granting the defendant's motion for summary judgment filed Dec. 8 in the U.S. District Court for the Southern District of California.
Southwestern claims it is entitled to summary judgment because it complied with the FCRA.
"Southwestern asserts that it complied with the FCRA because it obtained Derderian’s credit for the permissible purpose of extending a firm offer of credit, and sent Derderian a firm offer of credit after each of the times Southwestern obtained her consumer report on September 15, 2012 and March 15, 2013," the order states.
Derderian does not offer enough evidence that Southwestern failed to extend her a firm offer of credit after it obtained her consumer report on Sept. 15, 2012 and March 15, 2013, according to the order.
Southwestern provided evidence that its business practice is to engage third parties to print and mail its firm offers of credit to consumers after obtaining consumer reports. Southwestern also provided evidence that firm offers of credit were mailed to Derderian following receipt of her consumer report.
"Derderian has not provided any evidence of non-receipt; she has only stated she 'does not believe' or 'does not recall' receiving the offers," the order states. "In light of this evidence, the Court finds Southwestern provided sufficient evidence that it mailed firm offers of credit to Derderian to support a presumption that Derderian received the offers, and that Derderian failed to rebut this presumption."
The court found that Southwestern complied with the FCRA insofar as it provided sufficient evidence to show that it extended Derderian firm offers of credit after it obtained her consumer reports.
Derderian originally filed her class action lawsuit in San Diego County Superior Court on Jan. 23. The case was removed to federal court on Feb. 24.
On June 20, Southwestern filed a motion for summary judgment.
Derderian was seeking class certification, $1,000 for each consumer report improperly obtained and punitive damages.
District Judge M. James Lorenz also denied Derderian's request to file an amended complaint to include additional instances in which the company allegedly improperly accessed her credit report, calling the request a delaying tactic.
Derderian was represented by Jeffrey Wilens of Lakeshore Law Center in Yorba Linda, Calif.
Southwestern was represented by Anne Choi Goodwin and Adrienne Renee Salerno of Squire Patton Boggs in Los Angeles; and Amy L. Brown of Squire Patton Boggs in Washington, D.C.
U.S. District Court for the Southern District of California case number: 3:14-cv-00412
From Legal Newsline: Kyla Asbury can be reached at email@example.com.