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Croft v. Bayview Loan Servicing, LLC

Citations: 166 F. Supp. 3d 638; 2016 U.S. Dist. LEXIS 16014; 2016 WL 524257Docket: CIVIL ACTION NO. 3:14-04630-MGL

Court: District Court, D. South Carolina; February 9, 2016; Federal District Court

Narrative Opinion Summary

The case involves a lawsuit brought by a Plaintiff against Defendant Bayview Loan Servicing, LLC under the Fair Credit Reporting Act (FCRA), alongside claims under the South Carolina Unfair Trade Practices Act and for interference with contractual relations. Jurisdiction was based on 28 U.S.C. § 1331 and § 1367. The case originated from a guaranty agreement related to a defaulted loan, leading to foreclosure proceedings reported on the Plaintiff's credit report. Despite disputes with credit agencies, the Defendant refused to alter the foreclosure entry. The court granted summary judgment for the Defendant, finding no genuine issues of material fact, and ruled that the Plaintiff's FCRA claim was time-barred under the two-year statute of limitations. The court also declined to exercise supplemental jurisdiction over state law claims following the dismissal of federal claims, allowing the Plaintiff to pursue these claims in state court. The decision underscores the strict application of statute of limitations under the FCRA and the discretionary nature of supplemental jurisdiction once federal claims are dismissed.

Legal Issues Addressed

Statute of Limitations under the Fair Credit Reporting Act

Application: Plaintiff's FCRA claim was barred by the two-year statute of limitations because the lawsuit was filed more than two years after the Plaintiff knew or should have known about the alleged violation.

Reasoning: Since Plaintiff filed her lawsuit on December 5, 2014, more than two years after discovering the alleged violation, her FCRA claim is barred by the statute of limitations.

Summary Judgment Standard

Application: The court granted summary judgment for the Defendant as there were no genuine disputes of material fact presented.

Reasoning: The Court, after reviewing the motion and relevant legal standards, determined that there were no genuine disputes regarding material facts, thus granting summary judgment in favor of the Defendant.

Supplemental Jurisdiction under 28 U.S.C. § 1367

Application: Upon dismissal of federal claims, the court declined to exercise supplemental jurisdiction over state law claims, allowing them to be pursued in state court.

Reasoning: Consequently, the court declined to exercise supplemental jurisdiction over the remaining state law claims, which included allegations under the South Carolina Unfair Trade Practices Act (SCUTPA) and interference with contracts.