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Gourdine v. Synchrony Bank

United States District Court, D. New Jersey

October 28, 2019

SHAUN GOURDINE, Plaintiff,
v.
SYNCHRONY BANK/FRAUD UNIT, Defendant.

          OPINION

          KEVIN MCNULTY. U.S.D.J.

         I. Introduction

         Plaintiff Shaun Gourdine brings this lawsuit against Synchrony Bank alleging unauthorized disclosure of credit information concerning an account in collections. Now before the court is the motion (DE 3) of defendant Synchrony Bank to dismiss the complaint for failure to state a claim upon which relief may be granted, pursuant to Fed.R.Civ.P. 12(b)(6). The plaintiff has not filed a response to the motion.

         The complaint (DE 1-1) was filed in small claims court in Union County, New Jersey, and removed to this Court by die defendant. The operative allegations of the complaint, quoted in their entirety, are as follows:

DEFENDANT CAUSED PLAINTIFF THE SAME PERSONAL INJURY AS IN SELLERS v. BUREAU of PRISONS 959 F.2d 307 (D.C. Cir 1992) BY MAINTAINING AND PROVIDING THE PUBLIC WITH INCORRECT INFORMATION ABOUT PLAINTIFF CREDIT FILE AND REFUSE TO UPDATE AND CORRECT IT (please review procedural history) THANK YOU
PROCEDURAL HISTORY
SHAUN GOURDINE vs. SYNCB/TOYS R US
JUNE 19, 2019 DEFENDANT PROVIDED THE PUBLIC AND CREDIT BUREAU'S WITH NEGATIVE INFORMATION STATING PLAINTIFF HAD AN OPEN COLLECTION ACCOUNT# 6045861001891760 TOTALING THE AMOUNT OF $675.00 WITH THEM. DEFENDANT FAIL TO PROVIDE THE EXECUTED CONTRACT SIGNED BY PLAINTIFF. PLAINTIFF CONTACTED DEFENDANT ON NUMEROUS OCASSIONS AND DEFENDANT FAIL TO STOP REPORTING THIS NEGATIVE INFORMATION OR STOP BILLING PLAINTIFF FOR THIS COLLECTION ACCOUNT.
RELIEF SOUGHT
1. ORDER DEFENDANTTO ISSUE A LETTER STATING THEIR NEGATIVE SUBMISSIONS ABOUT PLAINTIFF FAILING TO
PAY THEM $675.00 ACCOUNT If 6045861001891760 WAS AN ERROR AND MUST BE REMOVED FROM PLAINTIFF CREDIT REPORT.
2. ORDER DEFENDANT TO PAY PLAINTIFF $3, 000.00 FOR INJURIES THEY CAUSED PLAINTIFF TO SUFFER, PLAINTIFF WAS HARRASSED AND EMBARRASSED BY DEFENDANT.
3. ORDER DEFENDANT TO REIMBURSE DEFENDANT OF ALL FILING FEES ...

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