A District Court judge in Indiana has denied a defendant’s motion to dismiss claims it violated the Fair Credit Reporting Act, ruling that the five-sentence complaint that was originally filed in state court was done so within the two-year statute of limitations, even though the defendant was never served and the case was not pursued until 18 months later, when an amended complaint was filed.
The background: The plaintiff filed a barebones, five-sentence complaint in Indiana state court in April 2023 alleging that the defendant reported inaccurate information and failed to correct it despite multiple disputes.
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- The complaint and summons were filed and the filing fee was paid the same day, which under Indiana law is sufficient to commence an…