Minner v. Navient Corp.

Loan Debt Information Was Accurate When Given; Contract Not Breached, FCRA Not Violated

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DECISION AND ORDER I. Introduction Before this Court is Plaintiff’s class action alleging Defendants violated New York General Business Law §349, the Fair Credit Reporting Act, 15 U.S.C. §1681s-2, and breached a contract in the servicing of his (and similarly situated person’s) student loans. Defendants moved to dismiss the initial version of the Complaint (Docket No. 6) and Minner cross-moved for leave to amend (Docket No. 10). This Court granted leave to amend while denying the Motion to Dismiss, Minner v. Navient Corporation, No. 18CV1086, 2020 WL 906628 (W.D.N.Y. Feb. 25, 2020) (Docket No. 13); familiarity with that Decision is presumed. Presently before this Court is Defendants’ Motion for Summary Judgment (Docket No. 73) dismissing the Third Amended Complaint (Docket No. 38). Prior to moving for summary judgment, Defendants Navient Solutions, LLC (or “NSL”) and Navient Corporation (“Navient Corp.”) moved to strike (Docket No. 72) Plaintiff’s expert report and testimony from Diane Sovereign (see Docket No. 71). This Court granted (Docket No. 87) the Motion to Strike (Docket No. 72) and now addresses Defendants’ Motion for Summary Judgment (Docket No. 73). For reasons stated below, this Summary Judgment Motion (Docket No. 73) is granted and the action is dismissed. II. Background A. Parties James Minner is a federal student loan borrower with nine loans from the United States Department of Education (“DOE”) serviced first by Defendants’ predecessor, Sallie Mae, and later by Defendants (Docket No. 38, 3d Am. Compl.

1, 27, 30-61, 63-64, 169, Ex. B). Minner alleges a class of similarly situated “direct student loan borrowers from the federal government who had at least one federal loan serviced by Defendants and/or any of their predecessors between January 1, 2010 and the present that were reported to any credit reporting agency (or ‘CRA’) as delinquent or in default within thirty (30) days after a forbearance” (id. 23). Navient Corp.¹ and NSL succeeded Sallie Mae as the federal student loan servicers (id.

Minner v. Navient Corp.

Loan Debt Information Was Accurate When Given; Contract Not Breached, FCRA Not Violated

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