Legal Question in Credit and Debt Law in Maryland
Multiple Non Permissible Credit File Inquiries
Question
Can I file a Notice to Dismiss without prejudice so that I can refile in Maryland Circuit Court and avoid a removal to federal court?
Background
A company pulled my credit file 5 times illegally. I never authorized the inquiries nor authorized an account for myself or anyone else with this company.
Maryland Code 14-1215 allows a $5,000 fine for each of the 5 inquiries for a total of $25,000 in statutory damages.
I filed a lawsuit pro se in Maryland Circuit Court for the $25,000 statutory plus $100,000 punitive damages plus attorney's costs.
The defendant's attorney filed a Notice of Removal to take the case to federal court, probably because the federal statutory award is only $1,000. The case satisfies the 2 criteria for removal to federal court: 1) is over $75,000 and 2) diveristy since the company is headquartered in another state.
I'd like to keep it in Maryland court to take advantage of the $5,000 per occurrence statutory award. So, can I file for a Dismissal without prejudice and then refile in Maryland Circuit Court with a case that's less the the $75,000? This would keep the case in state court.
1 Answer from Attorneys
Re: Multiple Non Permissible Credit File Inquiries
Once the case is removed to federal court, you are in federal court, unless you can successfully file a motion to remand. If you included the federal Fair Credit Reporting Act in your complaint, the Defendant can remove to federal court on that basis, and any additional Maryland state law claims would stay in federal court as well. You really need to get a lawyer, as I am confident you are incorrect about MD Commercial Law art. sec. 14-1215. The $5,000 is a fine, which means something the government collects, not a private litigant.
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