No. 23-6867

Nelson L. Bruce v. Bank of America, N.A.

Lower Court: Fourth Circuit
Docketed: 2024-02-29
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: consumer-dispute consumer-disputes credit-reporting-agencies credit-reporting-agency data-furnishers fair-credit-reporting-act frivolous-claims good-cause rule-60-motion statute-of-limitations
Key Terms:
DueProcess
Latest Conference: 2024-06-20 (distributed 2 times)
Question Presented (AI Summary)

Whether each dispute sent to a Credit reporting agency or a data furnisher by a consumer that has not been determined to be frivolous or irrelevant starts a new statute of limitation under the FCRA

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; This petition arises out of a Fair Credit Reporting Act in ; which the respondents violated and the named plaintiff’ suffered typical damages and injuries as a result. The named plaintiff claimed that each dispute triggers the duty re-investigate information being.reported and starts a new statute of limitation foreach dispute which starts . a new. statute of limitation as it relates to. the duties of both the Credit. reporting. agencies and.-the data furnishers to do a reasonable re-investigation and report accurate, complete, and verified information related to the consumer and. the information reported. The failure of the defendants of their duty under the FCRA caused the petitioner emotional distress caused ‘by the injury and: loss’ as a result of ‘credit: lines “being closed, applications for credit being denied, sleep loss, loss of investment opportunities in real “estate. investment opportunities, job changes to a more flexible job to have . more time to attend to the situation at hand including bring lawsuits against others to obtain the information ; defendants are required to produce when requested. This petition further arises out of the district courts failure to acknowledge that there is good cause for the petitioner to wait to amend his complaint after the same actions are no longer pending before a different court/tribunal ; thereby avoiding duplicate filings for the same issues. The trial court denied petitioner’s amended complaint for allegations that the petitioners’ claims were barred by the statute of limitations for both of petitioners FCRA and state SCCPC claims while doing so alleging that : oy, y i Co ‘ ii because the claims are time barred, there was no good cause to amend his complaint thereby denying : petitioner’s amended verified complaint. _ oo, The questions presented are: _ se ‘ 1, Whether-each dispute sent to a Credit reporting agency or a data furnisher by a consumer that has not been determined -to be frivolous or irrelevant starts a new statute of limitation under the 2. Whether there is good cause to wait until claims ‘that are before another court/tribunal is dismissed without prejudice to file the same claims in _.another court proceeding? : | ; : . 8. Whether Federal Rule of Civil Procedure Rule 60(c) prescribes a 1 year statute to file a Rule 60(b)(1)(2)(8) motion? .

Docket Entries

2024-06-24
Rehearing DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-23
Petition for Rehearing filed.
2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-03-25
Waiver of right of respondent Bank of America, N.A. to respond filed.
2024-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2024)
2023-11-16
Application (23A433) granted by The Chief Justice extending the time to file until January 28, 2024.
2023-11-13
Application (23A433) to extend the time to file a petition for a writ of certiorari from November 29, 2023 to January 28, 2024, submitted to The Chief Justice.

Attorneys

Bank of America, N.A.
Thomas Richmond McPherson IIIMcGuireWoods, Respondent
Thomas Richmond McPherson IIIMcGuireWoods, Respondent
Nelson L. Bruce
Nelson L. Bruce — Petitioner
Nelson L. Bruce — Petitioner