Anthony v. GE Capital Retail Bank

321 F. Supp. 3d 469
CourtDistrict Court, S.D. Illinois
DecidedAugust 16, 2017
Docket14-CV-2809 (ALC)
StatusPublished
Cited by6 cases

This text of 321 F. Supp. 3d 469 (Anthony v. GE Capital Retail Bank) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony v. GE Capital Retail Bank, 321 F. Supp. 3d 469 (S.D. Ill. 2017).

Opinion

ANDREW L. CARTER, JR., United States District Judge

Plaintiff Frank Anthony ("Plaintiff"), pro se, brings this action against Defendant GE Capital Retail Bank, now known as Synchrony Bank ("Synchrony" or "Defendant"), alleging violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 et seq, the Fair Credit Reporting Act, ("FCRA"), 15 U.S.C. § 1681 et seq., and the Truth in Lending Act, ("TILA"), 15 U.S.C. § 1601 et seq . Plaintiff accused Synchrony of issuing an unauthorized credit card in his name and *473then engaging in illegal efforts to collect the debts owed on those accounts. Synchrony brought a counterclaim for breach of contract alleging Plaintiff owed money on the unpaid debt. Synchrony now moves pursuant to Fed. R. Civ. P. 56, for summary judgment on all claims. For the reasons set forth below Synchrony's motion is GRANTED.

BACKGROUND

Synchrony, f/k/a GE Capital Retail Bank, is a federally chartered savings association that issues consumer credit card accounts. Def's Affidavit of Martha Koehler ("Koehler Aff") ¶¶ 1-2, ECF No. 85-1 Ex A. Synchrony's credit lines include, inter alia, the GAP credit card program and GAP Visa Dual Card program. Id. ¶ 6. On March 22, 2007, Synchrony received a GAP card credit application containing Plaintiff's full name, social security number, email address, mother's maiden name, home address, and phone number. Id. Ex. A-1. Synchrony approved the credit card application. Id. Synchrony sent a GAP card ending in 0633 and a copy of the company's account agreement to Plaintiff's home address. Id. Ex. A-2. Synchrony's business records show purchases and payments on the GAP card ending in 0633 spanning for nearly five years. Id.

In June, 2011 Plaintiff's home address changed. Deposition of Frank Anthony ("Pl's Depo.") at 12:2-12:18, ECF 85 Ex. C. The address on the GAP account was then changed to mirror Plaintiff's new home address the same month. Koehler Aff. Ex. A-3, SYNC 000108.

In July, 2012, Synchrony sent Plaintiff an online offer to upgrade the GAP card ending in 0633 to a GAP Visa dual card. Id. Ex. A, ¶ 13. The offer was accepted. Id. Synchrony sent a GAP Visa card ending in 4157 and a copy of an account agreement to Plaintiff's home address. Id. ¶ 14. On July 18, 2012, Plaintiff called Synchrony using the phone number listed on his GAP account. Ex. A, ¶ 17; Ex. A-6; Anthony Depo. at 22:5-22:8. On that call, Plaintiff activated the GAP Visa card ending in 4157 by providing Synchrony with his social security number. Plaintiff also accepted the account terms and conditions. One provision of the GAP Visa account agreement stated:

Consent to Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text messages, automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.

Id. Ex. A, ¶ 15; Ex. A-5 at 3. The GAP Visa card ending in 4157 incurred purchases and payments for two years. Id. Ex. A-3, SYNC 000174-76. Synchrony sent the billing statements for the GAP Visa card ending in 4157 to Plaintiff's email address. Id. Ex. A, ¶ 25. Plaintiff listed that same email address in his contact information in this suit. In September, 2012, a purchase was made on the GAP Visa card ending in 4157 at "Sebastian Grey New York NY". Id. Ex. A-3, SYNC 000176. Plaintiff wore a suit from Sebastian Grey Clothiers to his deposition in this case. Anthony Depo. at 194:9-196:19.

In or around October, 2013, Plaintiff obtained a copy of his credit report. First Amended Complaint ("FAC") ¶¶ 11 ECF No. 34. Plaintiff sent a "notice of dispute/Freedom of Information request" and *474debt disclosure interrogatories to Synchrony. Id. ¶¶ 13-14, Ex. C. Synchrony responded that although Plaintiff's paper application no longer existed due to the age of the original account opening and Synchrony's record retention guidelines. Id. Synchrony included billing statements in an attempt to verify the debt. Id. ¶ 15.

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321 F. Supp. 3d 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-ge-capital-retail-bank-ilsd-2017.