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Melwani v. First USA Bank, N.A.

Citation: 96 F. App'x 755Docket: Nos. 03-7806-CV, 03-7807-CV, 03-7813-CV

Court: Court of Appeals for the Second Circuit; April 28, 2004; Federal Appellate Court

Narrative Opinion Summary

Judgments of the District Court are affirmed in the case of Prakash Melwani, pro se, against defendants Bank One, Delaware, N.A. and Citibank (South Dakota) N.A. Melwani alleged that the Banks incorrectly reported debts to credit bureaus for credit cards where he was an authorized user but not a primary account holder or co-signer. Under Regulation B of the Equal Credit Opportunity Act, creditors must report accounts showing participation of both spouses if one spouse is permitted to use the account. The regulation does not require differentiation between authorized users and contractually liable parties. Melwani admitted he is married to the primary account holder, thus the Banks were justified in reporting his participation. The court found no merit in Melwani's arguments and noted that the Banks were incorrectly named in his pleadings as First USA Bank, N.A., Citi Cards, and AT&T Universal Card.

Legal Issues Addressed

Authorized User Status and Credit Reporting

Application: In this case, Melwani, as an authorized user and spouse of the primary account holder, had his participation reported to credit bureaus, which was deemed appropriate by the court.

Reasoning: Melwani admitted he is married to the primary account holder, thus the Banks were justified in reporting his participation.

Credit Reporting Responsibilities under Regulation B

Application: The court determined that banks are justified in reporting authorized users as participants under Regulation B of the Equal Credit Opportunity Act, as it does not require differentiation between authorized users and contractually liable parties.

Reasoning: Under Regulation B of the Equal Credit Opportunity Act, creditors must report accounts showing participation of both spouses if one spouse is permitted to use the account.

Judicial Naming Errors in Pleadings

Application: The court found that the plaintiff incorrectly named the defendant banks in his pleadings, which did not impact the outcome of the case.

Reasoning: The court found no merit in Melwani's arguments and noted that the Banks were incorrectly named in his pleadings as First USA Bank, N.A., Citi Cards, and AT&T Universal Card.