4:25-cv-05563•James v. Westlake Financial Services et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION A NGELIQUE J AMES, § Plaintiff, § § v. § CIVIL A CTION N O. 4:25-CV-05563 § WESTLAKE FINANCIAL SERVICES § AND E QUIFAX I NFORMATION § SERVICES, LLC, § Defendants. § MEMORANDUM AND RECOMMENDATION Before the Court is Defendant Westlake Financial Services, LLC’s (“Westlake”) Motion to Dismiss.1 ECF 15. Defendant seeks dismissal for failure to state a claim. For the reasons discussed below, the Court RECOMMENDS that Defendant’s Motion be GRANTED and Plaintiff’s claims against Westlake be DISMISSED. I. Factual and Procedural Background. Plaintiff brings claims against Westlake under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1691 et seq. “Congress enacted the FCRA to ensure fair and accurate credit reporting that protects consumers while meeting the needs of commerce.” Hammer v. Equifax Info. Servs., L.L.C., 974 F.3d 564, 567 (5th Cir. 1 The District Judge referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and Federal Rule of Civil Procedure 72. ECF 5. United States District Court Southern District of Texas ENTERED July 24, 2026 Nathan Ochsner, Clerk Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 1 of 10
2 2020). To achieve this goal, FCRA regulates consumer reporting agencies and furnishers of credit information. See Reyes v. Equifax Info. Servs., L.L.C., 140 F.4th 279, 284–85 (5th Cir. 2025). FCRA allows consumers to bring a civil action against a consumer reporting agency or furnisher for willful or negligent noncompliance with its obligations under the Act. 15 U.S.C. §§ 1681n, 1681o. Plaintiff alleges that in May 2025, she lodged a formal dispute with Defendant Equifax contending Defendant Westlake furnished inaccurate information about her car loan. ECF 1 ¶ 13. Plaintiff alleges Westlake provided a response,2 but violated the FCRA by failing to conduct a reasonable investigation into the disputed information, review Plaintiff’s dispute materials, and report and correct accurate information. Id. ¶¶ 17, 18, 24-33. II. Legal Standards. To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 2 Plaintiff alleged Westlake responded with the following: ‘The vehicle associated with this loan was sold at auction on May 12, 2021, with proceeds posted to your [Plaintiff’s] account on May 14, 2021. The account was subsequently charged off on September 1, 2021, resulting in a deficiency balance of $8,685.26. We have previously responded to your disputes and conducted appropriate investigations in accordance with FCRA guidelines. Your [Plaintiff’s] claims of noncompliance and violation are unfounded. Under federal law, a charge- off does not eliminate the debt. You remain legally obligated to repay the outstanding balance unless it is paid in full or settled for less than the full amount. As outlined in the FCRA, negative account information may remain on your credit report for up to seven years from the Date of First Delinquency (DOFD), which in this case is October 21, 2020.’ ECF 1 ¶ 16. Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 2 of 10
3 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the conduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Gonzalez v. Kay, 577 F.3d 600, 603 (5th Cir. 2009). In reviewing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), this Court “accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff.” Alexander v. AmeriPro Funding, Inc., 848 F.3d 698, 701 (5th Cir. 2017) (citing Martin K. Eby Constr. Co. v. Dallas Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. 2004)). However, the court does not apply the same presumption to conclusory statements or legal conclusions. Iqbal, 556 U.S. at 678-79. Generally, the court may consider only the allegations in the complaint and any attachments thereto in ruling on a Rule 12(b)(6) motion. If a motion to dismiss refers to matters outside the pleading, it is more properly considered as a motion for summary judgment. See FED. R. CIV. P. 12(d). However, the court may take judicial notice of public documents and may also consider documents a defendant attaches to its motion to dismiss under 12(b)(6) if the documents are referenced in the plaintiff’s complaint and central to the plaintiff’s claims. See Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. 2007); Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498-99 (5th Cir. 2000); King v. Life Sch., 809 F. Supp. 2d 572, 579 n.1 (N.D. Tex. 2011). Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 3 of 10
4 III. Analysis. Plaintiff brings claims against Westlake for violations of Section 1681s- 2(b)(1).3 ECF 1 ¶¶ 24-33. Section 1681s-2(b)(1) governs the obligations of a furnisher of information after receiving notice of a consumer dispute from a credit reporting agency. 15 U.S.C. § 1681s-2(b)(1); Young v. Equifax Credit Info. Servs., Inc., 294 F.3d 631, 639–40 (5th Cir. 2002). To state a claim under Section 1681s– 2(b)(1), a plaintiff must allege: (1) that the consumer notified a credit reporting agency of disputed information; (2) that the credit report agency notified the furnisher of the information pursuant to the statute (15 U.S.C. § 1681i(a)(2)); and (3) that the furnisher violated an obligation set forth in Section 1681s–2(b)(1). See Robinson v. EMC Mortg. Corp., No. 3:10-CV-2140-L, 2013 WL 1245863, at *7 (N.D. Tex. Mar. 26, 2013) (discussing Young, 294 F.3d at 639)). A claim under this section also requires a showing that the information contains an inaccuracy. Ostiguy v. Equifax Info. Servs., LLC, No. 5:16-CV-790-DAE, 2017 WL 1842947, at *5 (W.D. Tex. May 4, 2017), aff'd, 738 F. App'x 281 (5th Cir. 2018). No party controverts Plaintiff’s allegation that she filed a dispute with Equifax and Equifax notified Westlake of the dispute. See ECF 1 ¶¶ 13-16. Plaintiff alleges 3 Because Plaintiff fails to state a claim for a FCRA violation, the Court does not fully analyze whether Plaintiff properly pleaded willfulness. See 15 U.S.C. § 1681n; Landrum v. Harris Cnty. Emergency Corps, 122 F. Supp. 3d 617, 625 (S.D. Tex. 2015) (explaining willfulness under FCRA). Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 4 of 10
5 Westlake violated FCRA by failing, after receiving notice of the dispute, to fulfill its obligations to: conduct a reasonable investigation into the disputed information (15 U.S.C. § 1681s-2(b)(1)(A)); review all relevant information Plaintiff provided regarding the dispute (15 U.S.C. § 1681s-2(b)(1)(B)); and properly report, correct, delete, or block inaccurate information (15 U.S.C. § 1681s-2(b)(1)(C)-(E). A. Plaintiff failed to plead an inaccuracy. Information is inaccurate for the purposes of FCRA if it is either patently incorrect or misleading in such a way and to such an extent that it can be expected to negatively impact credit decisions. Reyes v. Equifax Info. Servs., L.L.C., 140 F.4th 279, 285 (5th Cir. 2025). Plaintiff alleges several inaccuracies. First, Plaintiff claims the credit report is inaccurate because it lists the date of first delinquency as October 21, 2020, the date of last payment as May 1, 2021, and a final payment on November 24, 2021, in the amount of $3,484.00. ECF 1 ¶ 17. Plaintiff asserts these entries are contradictory and do not align with the explanation provided by Westlake. Id. Plaintiff also alleges that the report shows 90-day late payments in May and June 2024, despite the account having been charged off. Id. ¶ 18. Furthermore, Plaintiff claims that the lack of data for 2023 reflects missing account history. Id. The copy of the report, attached to the Complaint, undercuts Plaintiff’s alleged inaccuracies. ECF 1-1. As Plaintiff claims, the report identifies a date of first delinquency of October 21, 2020, and a date of last payment of May 1, 2021. Id. Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 5 of 10
6 Plaintiff fails to provide any facts demonstrating that this timeline is inaccurate, even if the car was sold at auction and the amount credited to her account later in May 2021 as she alleged. ECF 1 ¶ 16. That a late payment was made while the account was charged off does not demonstrate a contradiction or inaccuracy. Plaintiff does not allege the 2024 payments were not made and a charged-off account can still carry a legally valid balance to be paid. See Burris v. JPMorgan Chase Bank, N.A., No. 3:25-CV-2570-B-BK, 2026 WL 1690084, at *3 (N.D. Tex. May 15, 2026) (explaining a charge-off is an accounting decision by a lender that treats the debt as a loss even though the debt is still owed), report and recommendation adopted, No. 3:25-CV-2570-B-BK, 2026 WL 1688325 (N.D. Tex. June 10, 2026). Finally, Plaintiff fails to identify how a lack of account history for certain periods is inaccurate or misleading, particularly since she fails to allege any account activity occurred and should be displayed. In short, Plaintiff fails to allege inaccurate or misleading information appeared in the report. B. Plaintiff fails to state a claim for failure to investigate under § 1681s-2(b)(1)(A). When a credit reporting agency notifies a furnisher of a dispute, Section 1681s-2(b)(1)(A) requires the furnisher to conduct an investigation with respect to the disputed information. 15 U.S.C. § 1681s-2(b)(1)(A). The investigation must be reasonable. Robinson, 2013 WL 1245863, at *8; Robertson v. J.C. Penney Co., No. CIV.A. 2:06CV3KSMTP, 2008 WL 623397, at *8 (S.D. Miss. Mar. 4, 2008) Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 6 of 10
7 (collecting cases). Plaintiff alleges that Westlake conducted an investigation, but that the investigation was not reasonable. ECF 1 ¶¶ 24-27. Plaintiff’s fails to state a claim because her Complaint is devoid of any facts regarding the investigation itself. Plaintiff merely claims that Westlake responded with “conclusory statements, refused to provide documentation clarifying inconsistencies, and failed to properly investigate the . . . events.” Id. ¶ 26. These allegations are conclusory and lack facts that would demonstrate the investigation itself was unreasonable. See Shaunfield v. Experian Info. Sols., Inc., 991 F. Supp. 2d 786, 806 (N.D. Tex. 2014) (dismissing a § 1681s-2(b) claim because plaintiff’s assertions were akin to a recital of the elements than specific allegations of wrongdoing). C. Plaintiff fails to state a claim for failure to review all relevant information under § 1681s-2(b)(1)(B). Section 1681s-2(b)(1)(B) requires the furnisher to review all relevant information provided by the credit reporting agency as part of the dispute. 15 U.S.C. §§ 1681s-2(b)(1)(B), 1681i(a)(2)(B) (explaining that the consumer reporting agency is required to transmit the consumer’s documents to the furnisher). Plaintiff alleges Westlake failed to review “relevant dispute materials . . . including requests for a full validation and clarification of payment dates and repossession status.” ECF 1 ¶ 29. Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 7 of 10
8 Plaintiff’s pleading fails to state a claim. She fails to allege she provided any relevant information to Equifax that was required to be provided to Westlake, who in turn would be required to review the information. Plaintiff further fails to specify the additional information, if any, she provided directly to Westlake. What she characterizes as “relevant dispute materials” (i.e., the requests for validation and clarification) are not relevant information, but the dispute requests themselves. Plaintiff also fails to allege facts demonstrating what information Defendant failed to review or how it failed to consider it. See Reeves v. Nelnet Loan Servs., No. 4:17- CV-3726, 2018 WL 2200112, at *4 (S.D. Tex. May 14, 2018) (dismissing claim under § 1681s-2(b)(1)(B) because plaintiff failed to allege what information, if any, she provided to the consumer reporting agency in connection with the dispute and failed to allege what information the furnisher received from the agency but failed to consider). D. Plaintiff fails to state a claim for failure to properly report, correct, delete, or block information under § 1681s-2(b)(1)(C)-(E). Subsections (C), (D), and (E) of § 1681s-2(b)(1) require furnishers to: (C) report the results of the investigation to the consumer reporting agency; (D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information that compile and maintain files on consumers on a nationwide basis; and (E) if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 8 of 10
9 agency only, as appropriate, based on the results of the reinvestigation promptly— (i) modify that item of information; (ii) delete that item of information; or (iii) permanently block the reporting of that item of information. 15 U.S.C. § 1681s-2(b)(1)(C)-(E). Although Plaintiff cited subsections (C)-(E), she styles her claim as “Failure to Correct, Delete, or Block Inaccurate Information” (ECF 1 at 6) and pleaded no facts showing Westlake violated its duty to report the results of the investigation to Equifax or any other consumer reporting agency. In support of her subsection (E) claim, Plaintiff merely states: “Westlake failed to correct or delete inaccurate tradeline data after receiving multiple disputes, despite the inconsistencies in the reported charge-off and payment history.” ECF 1 ¶ 29. Plaintiff fails to state a claim under subsection (E) because she fails to allege facts showing the obligation to correct, delete, or block inaccurate information applies in this situation. The text of the statute clearly states that the obligation to remedy the disputed information arises “if an item of information . . . is found to be inaccurate . . . after any reinvestigation.” 15 U.S.C. § 1681s-2(b)(1)(E) (emphasis added). In this case, Westlake conducted an investigation, which Plaintiff failed to plead was unreasonable, and concluded the information was accurate, so Westlake has no obligation to correct, delete, or block the information despite the fact Plaintiff alleges it is inaccurate. See Elsady v. Rapid Glob. Bus. Sols., Inc., No. 09-11659, Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 9 of 10
10 2010 WL 2740154, at *6 (E.D. Mich. July 12, 2010) (noting that the obligation arises if a furnisher concludes it reported inaccurate information after conducting an investigation). IV. Conclusion and Recommendation. For the reasons stated above, the Court RECOMMENDS that Defendant Westlake’s Motion to Dismiss (ECF 15) be GRANTED and Plaintiff’s claims against Westlake be DISMISSED. The Clerk of the Court shall send copies of the memorandum and recommendation to the respective parties, who will then have fourteen days to file written objections, pursuant to 28 U.S.C. § 636(b)(1)(C). Failure to file written objections within the time period provided will bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc), superseded by statute on other grounds. Christina A. Bryan United States Magistrate Judge Signed on July 24, 2026, at Houston, Texas. Case 4:25-cv-05563 Document 37 Filed 07/24/26 in TXSD Page 10 of 10
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