Johnson v. Transworld Systems, Inc.Johnson v. Transworld Systems, Inc.
MEMORANDUM OPINION AND ORDER
Self-represented plaintiff Sheila Johnson (“Plaintiff“) filed this civil action against Transworld Systems, Inc. (“TSI” or “Defendant“) in the District Court of Maryland for Baltimore City, Case No. D-01-CV-25-028187, asserting claims under the Fair Credit Reporting Act (“FCRA“), Fair Debt Collection Practices Act (“FDCPA“), and Maryland Consumer Debt Collection Act (“MCDCA“). TSI removed the case to this Court, see ECF No. 1, and Plaintiff filed an Amended Complaint, see ECF No. 8. TSI then moved to dismiss Plaintiff‘s Amended Complaint. See ECF No. 12. The motion to dismiss is fully briefed, see ECF Nos. 14 & 15, and does not require a hearing to resolve, see Loc. R. 105.6 (D. Md. 2025). For the reasons stated herein, the motion is granted, and the Amended Complaint is dismissed without prejudice.
I. BACKGROUND
The following facts are drawn from the allegations in Plaintiff‘s pleadings and attached exhibits.
Plаintiff attempted to obtain a mortgage in June 2025, but, she alleges, TSI‘s “inaccurate reporting” “hindered” the process and “requir[ed] [her] to change lenders[,]” causing delays, additional expenses, and emotional distress. Id. ¶ 12. Moreover, Plaintiff alleges, TSI‘s reporting made her credit score suffer, reduced her creditworthiness, and caused frustration and embarrassment. Id. ¶ 13.
On July 18, 2025, “the acсount was deleted from [Plaintiff‘s] credit report,” which she alleges is an indication that TSI “could not verify the debt.” Id. ¶ 14.
Additional facts drawn from exhibits attached to Plaintiff‘s State Court Complaint (ECF No. 3) and relevant to the Court‘s analysis will be discussed in Part III infra.
II. STANDARD OF REVIEW
A motion to dismiss under
To survive a
When considering a
“[P]ro se filings are ‘h[e]ld to less stringent standards than formal pleadings drafted by lawyers.‘” Folkes v. Nelsen, 34 F.4th 258, 272 (4th Cir. 2022) (second alteration in original) (quoting Haines v. Kerner, 404 U.S. 519, 520 (1972)). Accordingly, the Court must construe pro se pleadings liberally. Bing v. Brivo Sys., LLC, 959 F.3d 605, 618 (4th Cir. 2020), cert. denied, 141 S. Ct. 1376 (2021). “[L]iberal construction does not require [the Court] to attempt to ‘discern the unexpressed intent of the plaintiff,’ but only to determine the actual mеaning of the words used in the complaint.” Williams v. Ozmint, 716 F.3d 801, 805 (4th Cir. 2013) (quoting Laber v. Harvey, 438 F.3d 404, 413 n.3 (4th Cir. 2006) (en banc)). Thus, a pro se complaint “still must contain enough facts to state a claim for relief that is plausible on its face.” Thomas v. The Salvation Army S. Territory, 841 F.3d 632, 637 (4th Cir. 2016) (internal quotation marks omitted) (quoting King v. Rubenstein, 825 F.3d 206, 214 (4th Cir. 2016)).
III. DISCUSSION
A. Count I: FCRA
In Count I of the Amended Complaint, Plaintiff alleges that TSI violated the FCRA by negligently and/or willfully failing to conduct a reasonable investigation after receiving notice of a dispute and by reporting inaccuratе information. Am. Compl. ¶¶ 15–17. However, because Plaintiff did not notify a consumer credit reporting agency of the disputed debt, her claim under
(1) investigate the disputed debt; (2) review all relevant information provided by the credit agency; (3) report the results of the investigation to the credit agency; and (4) if the investigation finds that the information was incomplete or inaccurate, report those results to all other credit agencies and modify or delete the information, as apprоpriate.
Banerjee v. Nationwide Recovery Serv., Inc., Civ. No. PX-20-2751, 2022 WL 17552529, at *3 (D. Md. Dec. 9, 2022), aff‘d, No. 22-2323, 2023 WL 6410943 (4th Cir. Oct. 2, 2023) (citing
To state a claim under
Here, Plaintiff fails to state a claim because she does not allege that she disputed the apartment debt with a CRA. The documents аttached to Plaintiff‘s State Court Complaint show that she sought assistance from the Consumer Financial Protection Bureau (“CFPB“). See ECF No. 3 at 12–14. “[B]ut the Bureau is not in the business of assembling and evaluating consumer credit information, and is thus not a ‘consumer reporting agency’ under the FCRA.” Harris, 696 F. App‘x at 91. Rather, the CFPB is an “Executive agency established within the Federal Reserve System to ‘regulate the offering and provision of consumer financial products or services under the Federal consumer financial laws.‘” Id. (quoting
Unfortunately, Plaintiff‘s communication with the Maryland Department of Labor, see ECF No. 3 at 25–26, 30–31, fares no better. The FCRA defines a “consumer reporting agency” as an entity that regularly assembles or evaluates consumer credit information for the purpose of furnishing consumer reports to third parties. See
In sum, because Plaintiff does not allege that she disputed the debt at issue through a CRA, the Amended Complaint lacks any plausible allegation that TSI‘s duties under
B. Count II: FDCPA
In Count II of her Amended Complaint, Plaintiff alleges that TSI violated
Congress enacted the FDCPA “to protect consumers from debt collectors who engage in ‘abusive, deceptive, and unfair debt collection practices,’ and ‘to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged.‘” Hart v. Pac. Rehab of Maryland, P.A., Civ. No. ELH-12-2608, 2013 WL 5212309, at *8 (D. Md. Sept. 13, 2013) (quoting
Plaintiff argues that TSI violated
To begin, Plaintiff‘s allegation that TSI reported a debt that it could not verify is belied by the documents attached to her initial Complaint. See ECF No. 3 аt 7–18 (TSI letters dated Apr. 27, 2025, and May 16, 2025, and enclosed account documentation).3 In response to Plaintiff‘s request to verify the reported debt, TSI provided materials obtained from Plaintiff‘s creditor, including what appears to be a statement from Metro Pointe bearing Plaintiff‘s name, a lease number, an itemized list of outstanding charges, and a summary of move out charges. See id. These documents, which Plaintiff submitted, undermine her allegations. See Macsherry v. Sparrows Point, LLC, Civ. No. ELH-15-00022, 2015 WL 6460261, at *4 (D. Md. Oct. 23, 2015) (“[W]hen the bare allegations of the complaint conflict with any exhibits or other documents . . . the exhibits or documents
More importantly, the FDCPA does not impose an independent obligation on a debt collector to verify a debt after receiving notice of a dispute if the collector makes no further attempt to collect the debt. See Guerrero v. RJM Acquisitions LLC, 499 F.3d 926, 940 (9th Cir. 2007) (“It would make little sense to impose an independent obligation to verify an alleged debt on a collector who, for example, decides a disputed debt is not worth the effort and chooses to close or sell the account.“); Gray v. Am. Coradius Int‘l, LLC, No. 4:11cv125, 2011 U.S. Dist. LEXIS 152542, at *4 (E.D. Va. Nov. 23, 2011) (“A failure to verify a debt does not itself constitute a FDCPA violation if the debt cоllector takes no further action.“). Here, after Plaintiff disputed the apartment debt, TSI informed her that it placed her account in restrictive status and expressly advised her that it intended to have no further communication with her regarding the account. ECF No. 3 at 14; see also Bender v. Elmore & Throop, P.C., 530 F. Supp. 3d 566, 574 (D. Md. 2021) (“Under
Plaintiff‘s reliance upon Edeh v. Midland Credit Management, Inc., 748 F. Supp. 2d 1030 (D. Minn. 2010), is misplaced. There, the court held that the defendant violated the FDCPA by reporting the plaintiff‘s disputed debt to CRAs without having verified the debt after receiving notice of the plaintiff‘s dispute. Id. at 1035–36. But the court also made clear that “a debt collector who receives a written dispute of a debt from a consumer need not verify the debt at all, but can instead cease efforts to collect the disputed debt.” Id. at 1036 (citing Jang v. A.M. Miller & Assocs., 122 F.3d 480, 483 (7th Cir. 1997)). Thus, the problem in Edeh was not simply that the defendant reported the debt to the CRAs. Rather, the defendant continued its collection efforts by reporting the disputed debt without first complying with the FDCPA‘s requirements concerning disputed debts.
The allegations here are different. TSI reported the debt to the CRAs. After checking her credit report, Plaintiff notified TSI that she disputed the debt. In response, TSI notified Plaintiff that it had requested that the information furnished to the CRAs be updated to reflect her dispute. See ECF No. 3 at 7. Thus, unlike in Edeh, TSI did not report the debt without acknowledging a known dispute. Plaintiff therefore cannot rely on Edeh, or the other cаses she cites, to establish that TSI‘s conduct constituted prohibited debt-collection activity.4
Plaintiff‘s allegation that TSI violated
Finally, Plaintiff fails to allege a plausible violation of
Courts in this District routinely dismiss
Because Plaintiff alleges no plausible “unfair or unconscionable means” that TSI used to collect the apartment debt, her
C. Count III: MCDCA
In Count III of the Amеnded Complaint, Plaintiff alleges that TSI violated the MCDCA by “report[ing] an unverified and time-barred debt, knowing it had no legal right to enforce it.” Am. Compl. ¶ 23. TSI argues that Plaintiff‘s MCDCA claims are preempted by the FCRA. See ECF No. 12-1 at 10. Plaintiff responds that the MCDCA targets collection conduct, not furnishing of credit data, and therefore her claim is not preempted. See ECF No. 14 at 4.
The FCRA expressly states that “[n]o requirement or рrohibition may be imposed under the laws of any State . . . with respect to any subject matter regulated under . . . section 1681s–2 of this title, relating to the responsibilities of persons who furnish information to consumer reporting agencies.”
IV. ORDER
For the reasons discussed above, it is by the United States District Court for the District of Maryland, hereby ORDERED that:
- Defendant‘s Motion to Dismiss (ECF No. 12) is GRANTED;
- Counts I and II of the Amended Complaint are DISMISSED without prejudice;
- Count III of the Amended Complaint is DISMISSED with prejudice; and
- The Clerk SHALL CLOSE this case and SHALL SEND a copy of this Memorandum Opinion and Order to Plaintiff and counsel for Defendant.
It is so ORDERED this 31st day of August, 2026.
/S/
Matthew J. Maddox
United States District Judge