Jan 22, 2019
Granite Bay Acceptance, Inc. (Granite Bay) lost its requests to dismiss Leliani Blake’s privacy claim against it, in a January 2019 decision by Judge Mark Goldsmith.
In her case, filed by her attorneys at Lyngklip & Associates, Ms. Blake claimed that Granite Bay illegally obtained and used her credit reports. These actions resulted in an invasion of Ms. Blake’s privacy. The case was filed in the Eastern District of Michigan.
Ms. Blake’s complaint alleges that Granite Bay illegally obtained her credit report from Trans Union by claiming that it intended to use it to offer credit to her. The complaint further alleges that Granite Bay violated the Fair Credit Reporting Act (FCRA) by lying about its intended use of the report. The complaint goes on to allege that Granite Bay did not intend to offer her credit, but rather intended to resell Ms. Blake’s private credit information for marketing purposes- – an illegal use under the FCRA.
In requesting dismissal, Granite Bay argued that Ms. Blake had waited too long to file the case.
Attorneys for Ms. Blake argued that the case should proceed, because Ms. Blake’s complaint contained no facts showing that Ms. Blake waited too long after learning of her claims.
Judge Mark Goldsmith agreed with Ms. Blake and held that she had alleged sufficient facts to be able to proceed on her claim. This case, brought by Lyngklip & Associates, confirms that consumers who do not have complete knowledge of illegal uses of their credit reports cannot be shut out of court when they learn later that the report has been misused.
Misuse of a consumer credit reports may violate the FCRA. If you believe that Granite Bay, or a credit reporting agency like Trans Union, has illegally obtained your credit report or background check, call Lyngklip & Associates Consumer Law Center, PLC, for a free consultation. Call (248) 208-8864 today.