GUTHRIE v. PHH MORTG. CORP.

No. 22-1248.

79 F.4th 328 (2023)

Mark Anthony GUTHRIE, Plaintiff-Appellant, v. PHH MORTGAGE CORPORATION, Defendant-Appellee, and Trans Union, LLC; Equifax, Inc.; Equifax Information Services, LLC; Experian Information Solutions, Inc., Defendants. Electronic Privacy Information Center; the National Consumer Law Center, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 18, 2023.


Attorney(s) appearing for the Case

ARGUED: Matthew William Buckmiller , BUCKMILLER, BOYETTE & FROST, PLLC, Raleigh, North Carolina, for Appellant. John Curtis Lynch , TROUTMAN PEPPER HAMILTON SANDERS LLP, Virginia Beach, Virginia, for Appellee. ON BRIEF: Blake Boyette , BUCKMILLER, BOYETTE & FROST, PLLC, Raleigh, North Carolina, for Appellant. Ethan G. Ostroff , Carter R. Nichols , Virginia Beach, Virginia, Elizabeth Holt Andrews , TROUTMAN PEPPER HAMILTON SANDERS LLP, Raleigh, North Carolina, for Appellee. Megan Iorio , Christopher Frascella , ELECTRONIC PRIVACY INFORMATION CENTER, Washington, D.C., for Amici Curiae.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Chief Judge Diaz joined and Judge Wynn wrote an opinion concurring in part and dissenting in part.


Mark Anthony Guthrie appeals the district court's grant of summary judgment to PHH Mortgage Corporation on numerous federal and state law claims. A complicated set of facts underlies these claims—complicated enough to make an excellent hypothetical for a law school exam. For our purposes though, this appeal can...

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