Cunningham v. Bank One

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

MARTINEZ, District Judge.

I.INTRODUCTION

This matter comes before the Court on the parties’ motions for summary judgment. (Dkts. # 13 and # 22). Plaintiff asserts that defendant is liable for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601, arising from defendant’s failure to investigate plaintiffs allegations of a billing error. Defendant disagrees, and argues that plaintiffs letters to defendant, on their face, do not constitute valid written notices of billing error…