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PURCELL v. BANK OF AMERICA

No. 10-3975.

659 F.3d 622 (2011)

Kristine P. PURCELL, Plaintiff-Appellee, v. BANK OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 3, 2011.

Attorney(s) appearing for the Case

R. John Wray , Attorney, Wray Law Office, Fort Wayne, IN, for Plaintiff-Appellee.

Lawrence Benjamin , Stephen Fedo (argued), Attorneys, Neal, Gerber & Eisenberg LLP, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and BAUER and SYKES, Circuit Judges.

EASTERBROOK, Chief Judge.

According to a complaint filed in state court, Bank of America told credit agencies that Kristine Purcell is behind in payments on a loan, even though the Bank knows that she isn't. If Purcell's allegations are correct, then the Bank has violated the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(a), and perhaps state law too. The Bank removed the suit to federal court and moved for judgment in its favor—because, although Purcell...

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