This case was last updated from U.S. District Courts on 08/28/2021 at 09:15:59 (UTC).

David v. Gateway One Lending & Finance, LLC et al

Case Summary

On June 29th, 2021, Plaintiff Shawn David (“Plaintiff”), represented by Alejandro E. Figueroa of Sulaiman Law Group, Ltd., filed a Finance - Consumer Credit lawsuit against Gateway One Lending & Finance, LLC, (“Gateway One”), Pentagon Federal Credit Union, (“PenFed”), Alliant Credit Union, (“Alliant”), Bank of America Corporation, (“Bank of America”), Discover Bank, (“Discover”), Navy Federal Credit Union, (“Navy Federal”), TransUnion, LLC, (“TransUnion”), Experian Information Solutions, Inc., (“Experian”), and Equifax Information Services, LLC, (“Equifax”) (collectively, “Defendants”). Plaintiff seeks damages, amongst other relief, for Defendants’ alleged violations of the Fair Credit Reporting Act (“FCRA”). This  case was filed in U.S. District Court in the Middle District of Florida with Judge Nicholas P. Mizell and Judge Sheri P. Chappell presiding.

In his complaint, Plaintiff alleged that, “Defendants have been reporting derogatory and inaccurate information relating to Plaintiff and Plaintiff’s credit history to third parties. The inaccurate information consists of accounts and/or tradelines that do not belong to Plaintiff. On July 5, 2019, Plaintiff again obtained and filed a police report with the Atlanta Police Department outlining many accounts, inquiries, and personal identifying information that never belonged to Plaintiff. On July 30, 2019, Plaintiff sent a detailed written credit dispute attaching his police report to TransUnion, Equifax, and Experian identifying numerous accounts that he did not authorize and that did not belong to him. Despite Plaintiff’s dispute letters, Defendants failed to correct the fraudulent inaccurate information appearing on Plaintiff’s consumer credit reports.”

Plaintiff further alleged that, “On October 30, 2019, Plaintiff again sent TransUnion, Equifax and Experian a detailed written credit dispute letter indicating numerous accounts that were reporting on his consumer reports that were not his and that he did not authorize as he is a victim of identity theft. Despite Plaintiff’s dispute letters, Defendants failed to correct the fraudulent inaccurate information appearing on Plaintiff’s consumer credit reports.” Plaintiff also alleged that. “Despite Plaintiff’s dispute letters, Defendants failed to correct the fraudulent inaccurate information appearing on Plaintiff’s consumer credit reports.”

There are twelve claims for relief laid down by the Plaintiff. All the claims alleged against Gateway One, Pentagon Federal Credit Union, Alliant Credit Union, Bank of America, Discover Bank, and Navy Federal Credit Union  are for Violations of the Fair Credit Reporting Act. The claims against Equifax, TransUnion, and Experian are for alleged violations of the Fair Credit Reporting Act 15 U.S.C. § 1681e(b) and 15 U.S.C. § 1681i-§ 1681g. 

In his prayer for relief, Plaintiff has requested that the Court declare that the practices complained of herein are unlawful and violate the aforementioned statute and order the deletion or modification of all adverse credit reporting relating to the subject accounts. The Plaintiff also requested that the Court award Plaintiff actual damages, in an amount to be determined at trial, for each of the underlying FCRA violations; award Plaintiff statutory damages of $1,000.00 for each violation of the FCRA, pursuant to 15 U.S.C. §1681n; award Plaintiff punitive damages, in an amount to be determined at trial, for the underlying FCRA violations, pursuant to 15 U.S.C. §1681n and 15 U.S.C. §1681o; award Plaintiff costs and reasonable attorney’s fees as provided under 15 U.S.C. §1681n and 15 U.S.C. §1681o; and award any other relief as this Honorable Court deems just and appropriate. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00489

  • Filing Date:

    06/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Consumer Credit

Judge Details

Referral Judge

Nicholas P. Mizell

Presiding Judge

Sheri Polster Chappell

 

Party Details

Plaintiff

Shawn David

Defendants

Discover Bank

Gateway One Lending & Finance, LLC

Alliant Credit Union

Bank of America Corporation

Navy Federal Credit Union

Pentagon Federal Credit Union

Equifax Information Services, LLC

TransUnion, LLC

Experian Information Solutions, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Alejandro Emmanuel Figueroa

Attorney at Sulaiman Law Group, Ltd.

2500 South Highland Avenue., Suite 200

Lombard, IL 60148

Defendant Attorneys

Sara Lauren Solano

Attorney at Burr & Forman, LLP

350 E Las Olas Blvd Ste 1440

Ft Lauderdale, FL 33301-4216

Zachary David Miller

Attorney at Burr & Forman, LLP

222 Second Avenue South, Suite 2000

Nashville, TN 37201

Anthony Ross McClure

Attorney at Porter, Wright, Morris & Arthur, LLP

3Rd Floor, 9132 Strada Place

Naples, FL 34108-2683

Sara Kannensohn White

Attorney at Porter, Wright, Morris & Arthur, LLP

3Rd Floor, 9132 Strada Place

Naples, FL 34108-2683

Matthew G. Krause

Attorney at Luks, Santaniello, Petrillo & Jones, LLC

20Th Floor, 110 Se 6Th St

Ft Lauderdale, FL 33301

Daniel James Pasky

Attorney at McGuireWoods, LLP

50 N Laura St Ste 3300

Jacksonville, FL 32202

Jason Richard Bowyer

Attorney at McGuireWoods, LLP

Suite 3300, 50 N Laura St

Jacksonville, FL 32202

Kimberly A. Lopez

Attorney at Akerman LLP

420 S Orange Ave Ste 1200

Orlando, FL 32801

Jeffrey P. Brundage

Attorney at Eckert Seamans Cherin & Mellott LLC

1717 Pennsylvania Avenue Nw, Suite 12Th Floor

Washington, DC 20006

Michael R. Borasky

Attorney at Eckert, Seamans, Cherin & Mellott, LLC

600 Grant St Fl 44

Pittsburgh, PA 15219-2713

Michael A. Graziano

Attorney at Eckert, Seamans, Cherin & Mellott, LLC

Suite 1200, 1717 Pennsylvania Ave. Nw

Washington, DC 20006

Jason Daniel Joffe

Attorney at Squire Patton Boggs (US), LLP

200 S. Biscayne Blvd., Ste. 4700

Miami, FL 33131

Charlotte A. Long

Attorney at Quilling, Selander, Lownds, Winslett & Moser, P.C.

6900 N. Dallas Parkway, Suite 800

Plano, TX 75024

Monique Eloi

Attorney at Jones Day

600 Brickell Avenue, Suite 3300

Miami, FL 33131

 

Court Documents

#70

#69

#68

#67

#66

#65

#63

#62

#61

1 #9

Proposed Summons

1 #8

Proposed Summons

1 #6

Proposed Summons

1 #5

Proposed Summons

1 #4

Proposed Summons

1 #3

Proposed Summons

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

#1

64 More Documents Available
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Docket Entries

  • 08/26/2021
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  • Docket(#70) ANSWER and affirmative defenses to #1 Complaint by Discover Bank.(Solano, Sara) (Entered: 08/26/2021)

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  • 08/23/2021
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  • Docket(#69) ANSWER and affirmative defenses to #1 Complaint by Experian Information Solutions, Inc..(Eloi, Monique) (Entered: 08/23/2021)

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  • 08/23/2021
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  • Docket(#68) ANSWER and affirmative defenses to #1 Complaint by Gateway One Lending & Finance, LLC.(White, Sara) (Entered: 08/23/2021)

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  • 08/20/2021
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  • Docket(#67) ANSWER and affirmative defenses to #1 Complaint by Pentagon Federal Credit Union.(Brundage, Jeffrey) (Entered: 08/20/2021)

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  • 08/11/2021
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  • Docket(#66) NOTICE of a related action per Local Rule 1.07(c) by Discover Bank. Related case(s): No (Solano, Sara) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#65) NOTICE of a related action per Local Rule 1.07(c) by Navy Federal Credit Union. Related case(s): No (Lopez, Kimberly) (Entered: 08/11/2021)

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  • 08/10/2021
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  • Docket(#64) ENDORSED ORDER granting #61 Defendant Alliant Credit Union's Unopposed Motion for an Extension of Time to File a Response to Plaintiff's Complaint. By August 30, 2021, Defendant Alliant will respond to the Complaint. Signed by Magistrate Judge Nicholas P. Mizell on 8/10/2021. (SM) (Entered: 08/10/2021)

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  • 08/06/2021
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  • Docket(#63) NOTICE of a related action per Local Rule 1.07(c) by Alliant Credit Union. Related case(s): No (Krause, Matthew) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#62) CERTIFICATE of interested persons and corporate disclosure statement re #5 Civil Action Order by Alliant Credit Union. (Krause, Matthew) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#61) Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Alliant Credit Union. (Krause, Matthew) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 08/06/2021)

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50 More Docket Entries
  • 07/19/2021
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  • Docket(#10) RETURN of service executed on 7/12/2021 by Shawn David as to Bank of America Corporation. (Figueroa, Alejandro) (Entered: 07/19/2021)

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  • 07/19/2021
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  • Docket(#9) RETURN of service executed on 7/15/2021 by Shawn David as to Discover Bank. (Figueroa, Alejandro) (Entered: 07/19/2021)

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  • 07/19/2021
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  • Docket(#8) ENDORSED ORDER. On July 16, 2021, the Court directed Plaintiff to show cause why the Fort Myers Division is the appropriate division office to hear this case. (Doc. #6). Based on Plaintiff's response (Doc. #6), the Court will take no further action on its Order. Signed by Judge Sheri Polster Chappell on 7/19/2021. (CMC) (Entered: 07/19/2021)

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  • 07/16/2021
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  • Docket(#7) RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to show cause filed by Shawn David. (Figueroa, Alejandro) (Entered: 07/16/2021)

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  • 07/16/2021
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  • Docket(#6) ORDERED: Plaintiff Shawn David must SHOW CAUSE, in writing, on or before July 23, 2021, why the Fort Myers Division is the appropriate division office to hear this case. Signed by Judge Sheri Polster Chappell on 7/16/2021. (AEH) (Entered: 07/16/2021)

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  • 06/30/2021
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  • Docket(#5) CIVIL Action Order Signed by All Divisional Judges on 6/30/2021. (RMT) (Entered: 06/30/2021)

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  • 06/30/2021
  • Docket(#4) NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMT) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#3) SUMMONS issued as to Alliant Credit Union, Bank of America Corporation, Discover Bank, Equifax Information Services, LLC, Experian Information Solutions, Inc., Gateway One Lending & Finance, LLC, Navy Federal Credit Union, Pentagon Federal Credit Union, TransUnion, LLC. (RMT) (Entered: 06/30/2021)

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  • 06/30/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-489-SPC-NPM. (LRB) (Entered: 06/30/2021)

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  • 06/29/2021
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  • Docket(#1) COMPLAINT against Alliant Credit Union, Bank of America Corporation, Discover Bank, Equifax Information Services, LLC, Experian Information Solutions, Inc., Gateway One Lending & Finance, LLC, Navy Federal Credit Union, Pentagon Federal Credit Union, TransUnion, LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18420633) filed by Shawn David. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons)(Figueroa, Alejandro) (Entered: 06/29/2021)

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