CLARKSBURG – A credit reporting agency named in a consumer credit lawsuit is petitioning the court to move the case from state to federal jurisdiction.
Trans Union LLC filed the motion to remove on May 4 in U.S. District Court for the Northern District of West Virginia.
In the original case, Juan Sanders filed a lawsuit in Preston Circuit Court against Bank of America, NCO Fin/99, Asset Acceptance LLC and Comenity Bank/Express, Trans Union LLC and Experian, alleging false reporting and malicious defamation.
According to his complaint, Sanders’ credit report says that he owes debts to Bank of America, NCO and Comenity Bank, all of which Sanders disputes. As a result of the alleged errors, the plaintiff claims his credit has been damaged.
Trans Union argues through counsel that the case falls under federal jurisdiction because the plaintiff is suing for alleged violations of the federal Fair Credit Reporting Act.
Sanders seeks a jury trial, a ban on the defendants’ future reporting of accumulated debt on his credit history, and punitive and compensatory damages totaling $60,000. He is representing himself.
Trans Union is represented by Robert Edward Ryan of Steptoe & Johnson PLLC of Charleston.
U.S. District Court for the Northern District of West Virginia Case number 1:16-cv-00078