Opinion

Jenkins-Parks v. First Horizon Bank

Court
District Court, W.D. Tennessee
Filed
Jul 14, 2025
Cited by
0 cases
Authority
More cited than 38.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

SHANETTE JENKINS-PARKS, )

)

Plaintiff, )

)

v. ) No. 25-cv-2205-SHL-tmp

)

FIRST HORIZON BANK, )

)

Defendant. )

REPORT AND RECOMMENDATION

Before the court is pro se plaintiff Shanette Jenkins-

Parks’s complaint.1 Because Jenkins-Parks is proceeding in forma

pauperis, the undersigned must screen the complaint pursuant to

28 U.S.C. § 1915(e)(2).2 For the reasons below, the undersigned

recommends that Jenkins-Parks’s complaint be dismissed.

I. PROPOSED FINDINGS OF FACT

Jenkins-Parks filed her complaint on February 24, 2025,

alleging violations of the Fair Credit Reporting Act (“FCRA”),

15 U.S.C. §§ 1681 et seq., and the Fair Debt Collection

Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq. (ECF No. 2.)

1Pursuant to Administrative Order No. 2013-05, this case has been

referred to the United States magistrate judge for management of

all pretrial matters for determination or report and

recommendation, as appropriate.

2The undersigned granted Jenkins-Parks leave to proceed in forma

pauperis on July 14, 2025. (ECF No. 7.)

She alleges that she “is a consumer as defined under the FCRA,”3

and that defendant First Horizon Bank (“First Horizon”) “is a

financial institution.” (Id. at PageID 2.) She alleges that

First Horizon “reported inaccurate late payments and derogatory

marks on [her] closed account despite timely payments and

account closure at the bank's request.” (Id.) She states that

she “disputed the inaccurate information with credit reporting

agencies, yet [First Horizon] failed to conduct a reasonable

investigation.”

Jenkins-Parks seeks to bring one claim each under the FCRA

and the FDCPA.4 (Id. at PageID 3.) First, it appears that

Jenkins-Parks is alleging First Horizon violated § 1681s-2(b) of

the FCRA based on its failure to conduct a reasonable

investigation into disputed information. (Id.) Second, it

appears that Jenkins-Parks is alleging that First Horizon

violated § 1692f of the FDCPA, stating that it “engaged in

unfair and deceptive collection practices by furnishing and

maintaining inaccurate information. (Id.) As relief, she

3The FCRA defines a consumer broadly as “an individual.” 15

U.S.C. § 1681a(c). The FDCPA defines a consumer as “any natural

person obligated or allegedly obligated to pay any debt.” 15

U.S.C. § 1692a(3).

4Jenkins-Parks does not identify specific sections of either act.

(See ECF No. 2 at PageID 3.) Thus, the undersigned has attempted

to identify the relevant provisions based on the allegations of

her complaint.

requests actual, statutory, and punitive damages, as well as

costs for filing this suit. (Id. at PageID 4.)

II. PROPOSED CONCLUSIONS OF LAW

A. Legal Standard

This court is required to screen in forma pauperis

complaints and must dismiss any complaint, or any portion

thereof, if the action: (i) is frivolous or malicious; (ii)

fails to state a claim on which relief may be granted; or (iii)

seeks monetary relief against a defendant who is immune from

such relief. 28 U.S.C. § 1915(e)(2)(B)(i-iii). To avoid

dismissal for failure to state a claim, “a complaint must

contain sufficient factual matter, accepted as true, to state a

claim to relief that is plausible on its face.” Ashcroft v.

Iqbal, 556 U.S. 662, 678 (2009); see also Bell Atl. Corp. v.

Twombly, 550 U.S. 544 (2007); Fed. R. Civ. P. 8(a), 12(b)(6). “A

claim is plausible on its face if the ‘plaintiff pleads factual

content that allows the court to draw the reasonable inference

that the defendant is liable for the misconduct alleged.’” Ctr.

for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d 365, 369

(6th Cir. 2011) (quoting Iqbal, 556 U.S. at 678). Without

factual allegations in support, mere legal conclusions are not

entitled to the assumption of truth. Iqbal, 556 U.S. at 679.

Pro se complaints are held to less stringent standards than

formal pleadings drafted by lawyers and are thus liberally

construed. Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011)

(citing Martin v. Overton, 391 F.3d 710, 712 (6th Cir. 2002)).

Even so, pro se litigants must adhere to the Federal Rules of

Civil Procedure, see Wells v. Brown, 891 F.2d 591, 594 (6th Cir.

1989), and the court cannot create a claim that has not been

spelled out in a pleading, see Brown v. Matauszak, 415 F. App’x

608, 613 (6th Cir. 2011); Payne v. Sec’y of Treas., 73 F. App’x

836, 837 (6th Cir. 2003).

B. FCRA Claim

It appears that Jenkins-Parks seeks to bring her first

claim under § 1681s-2(b) of the FCRA. “[Section] 1681s–2 is

designed to prevent ‘furnishers of information’ from spreading

inaccurate consumer-credit information.”5 Boggio v. USAA Fed.

Sav. Bank, 696 F.3d 611, 614 (6th Cir. 2012). “[It] works in two

phases.” Id. First, under § 1681s-2(a), “it imposes a duty to

provide accurate information.” Carter, 2025 WL 1065379, at *4

(citing LaBreck, 2016 WL 6927454, at *2). Second, under § 1681s-

2(b), it imposes “a duty to undertake [a reasonable]

investigation upon receipt of notice of dispute from a [consumer

5“While § 1681s-2 does not define ‘furnisher,’ courts have

defined the term as ‘any entity which transmits information

concerning a particular debt owed by a particular customer to

consumer reporting agencies.’” Carter v. Holzman L., PLLC, No.

CV 24-11990, 2025 WL 1065379, at *3 (E.D. Mich. Feb. 13, 2025),

report and recommendation adopted, 2025 WL 868615 (E.D. Mich.

Mar. 20, 2025) (quoting LaBreck v. Mid-Mich Credit Bureau, 2016

WL 6927454, at *2 (W.D. Mich. Nov. 28, 2016)).

reporting agency].” Id. (citing LaBreck, 2016 WL 6927454, at

*2).

“A private cause of action against a furnisher of

information [under § 1681s-2(b)] does not arise until a consumer

reporting agency provides proper notice of a dispute.” Brown v.

Wal-Mart Stores, Inc., 507 F. App'x 543, 547 (6th Cir. 2012)

(citing Boggio, 696 F.3d at 615-16). Thus, to plausibly state a

claim under § 1681s-2(b), a plaintiff must at least allege that

they disputed an inaccuracy with a consumer reporting agency,

that the consumer reporting agency then notified the furnisher

of that dispute, and that the furnisher then violated a

statutory duty under § 1681s-2(b)(1)(A)-(E). See Rajapakse v.

Credit Acceptance Corp., No. 19-1192, 2021 WL 3059755, at *2

(6th Cir. Mar. 5, 2021) (citing 15 U.S.C. § 1681s-2(b)(1)(A)-

(E); Boggio, 696 F.3d at 616-18) (affirming dismissal of

complaint under Rule 12(b)(6) because plaintiff “did not allege

that [defendant] violated any of the statutory duties to

investigate and properly report information once notified of her

dispute related to [defendant]”); see also Green v. Cont.

Callers, Inc., No. 3:21-CV-2005, 2022 WL 2209436, at *2 (N.D.

Ohio June 21, 2022) (citing Rajapakse, 2021 WL 3059755, at *2)

(finding that plaintiff failed to state a § 1681s-2(b) claim).

Here, Jenkins-Parks’s allegations are bare bones. She

alleges only that First Horizon reported inaccurate information,

that she disputed that information with “credit reporting

agencies,” and that First Horizon then failed to conduct a

reasonable investigation. (ECF No. 2 at PageID 2.) She has not

alleged any facts to plausibly plead a claim.

First, she refers vaguely to “late payments and derogatory

marks,” (id.), but has not alleged any facts describing what

those mischaracterized late payments and “derogatory remarks”

were or how they were inaccurate. See Settles v. Trans Union,

LLC, No. 3:20-CV-00084, 2020 WL 6900302, at *5 (M.D. Tenn. Nov.

24, 2020) (“[T]o establish any FCRA violation Plaintiff must

show that the credit report is patently incorrect or materially

misleading”; finding that plaintiff had not plausibly alleged

that the reported information was inaccurate and dismissing for

failure to state a claim). Second, Jenkins-Parks has not alleged

that a consumer reporting agency notified First Horizon of her

dispute to trigger its duties under the FCRA—let alone

identified which consumer reporting agencies she filed a dispute

with. See Green v. Navy Fed. Credit Union, No. 3:24-CV-632, 2024

WL 4564421, at *2 (N.D. Ohio Oct. 24, 2024) (“Absent this

essential element, Plaintiff's FCRA claim cannot proceed and

fails as a matter of law.”). Lastly, she has not alleged any

facts as to how First Horizon “violated any of the statutory

duties to investigate and properly report information once

notified of her dispute.” Rajapakse, 2021 WL 3059755, at *2

(citing 15 U.S.C. § 1681s-2(b)(1)(A)-(E); Boggio, 696 F.3d at

616-18). Accordingly, Jenkins-Parks fails to state a § 1681s-

2(b) claim, and the undersigned recommends that her claim under

this section be dismissed.

C. FDCPA Claim

It appears that Jenkins-Parks seeks to bring her second

claim under § 1692f of the FDCPA. “Congress passed the FDCPA to

address the widespread and serious national problem of debt

collection abuse by unscrupulous debt collectors.” Currier v.

First Resol. Inv. Corp., 762 F.3d 529, 533 (6th Cir. 2014)

(citations omitted). Section 1692f of the FDCPA “prohibits a

debt collector from using unfair or unconscionable means to

collect or attempt to collect any debt.” Carter, 2025 WL

1065379, at *6 (quoting 15 U.S.C. § 1692f) (citation modified).

“It sets forth a non-exhaustive list of conduct that rises to

that level.” Currier, 762 F.3d at 534. (citing Glazer v. Chase

Home Fin. LLC, 704 F.3d 453, 461–62 (6th Cir. 2013), abrogated

by Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019);

Limited, Inc. v. C.I.R., 286 F.3d 324, 332 (6th Cir. 2002)). To

state a claim under the FDCPA, Jenkins-Parks must allege that:

(1) she is a “consumer” under the FDCPA; (2) the “debt” arises

out of transactions entered primarily for personal, family or

household purposes; (3) First Horizon is a “debt collector” as

defined by the FDCPA, and (4) First Horizon violated a provision

of the FDCPA in attempting to collect a debt. White v. Universal

Fid., LP, 793 F. App'x 389, 391 (6th Cir. 2019) (citing Bauman

v. Bank of Am., N.A., 808 F.3d 1097, 1100 (6th Cir. 2015)).

Jenkins-Parks fails to state a FDCPA claim. She has not

plausibly alleged any facts identifying a personal debt or

suggesting that First Horizon (a bank) qualifies as a debt

collector.6 Barnes v. Cap. One Fin. Corp., No. 1:23-CV-182, 2023

WL 6606026, at *5 (S.D. Ohio Oct. 10, 2023) (finding that

plaintiff failed to plead a FDCPA claim where her complaint

“consist[ed] of little more than legal conclusions, with

virtually no supporting factual allegations”), report and

recommendation adopted, 2023 WL 9271174 (S.D. Ohio Oct. 30,

2023). And although § 1692f is meant to be non-exhaustive,

Jenkins-Parks has not alleged any facts demonstrating how First

Horizon’s alleged “furnishing and maintaining inaccurate

information,” (ECF No. 2 at PageID 3), was an unfair or

unconscionable attempt to collect a debt. See Jones v. U.S.

Dep't of Educ., No. 2:15-CV-10171, 2017 WL 9471877, at *12 (E.D.

Mich. Feb. 12, 2017) (finding plaintiff failed to allege facts

demonstrating how “the defendant used an unfair or

6The Sixth Circuit has held that “a bank that is a creditor is

not a debt collector for the purposes of the FDCPA and creditors

are not subject to the FDCPA when collecting their accounts.”

Montgomery v. Huntington Bank, 346 F.3d 693, 699 (6th Cir. 2003)

(quoting Stafford v. Cross Country Bank, 262 F. Supp. 2d 776,

794 (W.D. Ky. 2003)) (collecting cases) (citation modified).

unconscionable practice to collect or attempt to collect the

debt” under § 1692f), report and recommendation adopted, 2017 WL

875297 (E.D. Mich. Mar. 6, 2017), aff'd, No. 17-1516, 2017 WL

9291893 (6th Cir. Dec. 8, 2017). Accordingly, Jenkins-Parks

fails to state a § 1692f claim, and the undersigned recommends

that this claim be dismissed.

III. RECOMMENDATION

For the above reasons, the undersigned recommends that

Jenkins-Parks’s complaint be dismissed under 28 U.S.C. §

1915(e)(2)(B).

Respectfully submitted,

s/Tu M. Pham

TU M. PHAM

Chief United States Magistrate Judge

July 14, 2025

Date

NOTICE

WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THIS

REPORT AND RECOMMENDED DISPOSITION, ANY PARTY MAY SERVE AND FILE

SPECIFIC WRITTEN OBJECTIONS TO THE PROPOSED FINDINGS AND

RECOMMENDATIONS. ANY PARTY MAY RESPOND TO ANOTHER PARTY’S

OBJECTIONS WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A

COPY. 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(2); L.R.

72.1(g)(2). FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS

MAY CONSTITUTE A WAIVER AND/OR FORFEITURE OF OBJECTIONS,

EXCEPTIONS, AND FURTHER APPEAL.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.