Nicholas P. Munt-Lovell v. RoundPoint Mortgage Servicing Corp. et al.

Summary

The United States District Court for the Western District of Washington ruled on RoundPoint Mortgage Servicing Corporation’s motion to dismiss claims arising from allegedly inaccurate mortgage delinquency reporting. The court allowed part of the Fair Credit Reporting Act claim concerning reporting between September 2022 and February 2023 to proceed, while dismissing without prejudice the portions concerning December 2024 and June 2025 reporting. The court dismissed with prejudice the remaining FCRA and Washington-law claims against RoundPoint and granted leave to amend the surviving portion of Count I.

Holdings

1. The statute-of-limitations defense could not be resolved on the pleadings because RoundPoint did not establish that Plaintiff discovered, or reasonably should have discovered, the alleged violations more than two years before filing suit. The claims were within the five-year outside limit and survived the motion to dismiss.
2. The complaint failed to state a plausible FCRA claim concerning the December 2024 and June 2025 alleged delinquencies because the incorporated forbearance and trial modification documents directly contradicted the allegations. Those portions of Count I were dismissed without prejudice.
3. A private individual may not bring a claim against a furnisher under 15 U.S.C. § 1681s-2(a)(1)(F), because enforcement of subsection (a) is vested exclusively in federal and state officials. Count II was dismissed with prejudice.
4. Plaintiff could not state a claim under 15 U.S.C. § 1681e(b) against RoundPoint because RoundPoint was a mortgage servicer and furnisher, not a consumer reporting agency. Count III was dismissed with prejudice.
5. The FCRA's § 1681t(b)(1)(F) total-preemption provision preempted Plaintiff's Washington-law claims based on RoundPoint's furnishing of information to consumer reporting agencies. Counts IV, V, and VI were dismissed with prejudice.

Questions Presented

1. Whether the FCRA claims concerning alleged delinquency reporting from September 2022 through February 2023 were barred by the statute of limitations on the face of the complaint.
2. Whether the complaint plausibly stated an FCRA claim concerning alleged December 2024 and June 2025 delinquency reporting when the incorporated forbearance and trial modification documents contradicted the allegations.
3. Whether a private plaintiff may bring a claim against a furnisher under 15 U.S.C. § 1681s-2(a)(1)(F).
4. Whether a mortgage furnisher may be sued under 15 U.S.C. § 1681e(b), which governs consumer reporting agencies.
5. Whether the FCRA preempts the plaintiff's Washington-law claims for negligent misrepresentation, intentional infliction of emotional distress, and violation of the Washington Consumer Protection Act.

Disposition

other