law-defamation credit
Defamation: Credit Reputation
In his fifth issue, Elkins asserts the trial judge erred in denying his defamation claim against Capital One
because he offered circumstantial evidence establishing the defamatory statements. In a defamation action,
the plaintiff must prove the defendant published a defamatory statement concerning the plaintiff while acting
with negligence regarding the truth of the statement. WFAA- TV, Inc. v. McLemore, 978 S.W.2d 568, 571
(Tex. 1998).
Elkins did not any introduce direct evidence of any allegedly false statement or statements Capital One
made to credit agencies. In support of his defamation claim, Elkins testified generally that Capital One
reported false, negative information about him to credit bureaus and damaged his credit. Without knowing the
allegedly false statement or statements Capital One provided the credit agencies, we cannot conclude Elkins
established his defamation claim as a matter of law or that the trial judge's finding Elkins did not is against the
great weight and preponderance of the evidence. We overrule Elkins's fifth issue.
08-0230
RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.; from Dallas County; 5th
district(05-06-01539-CV, ___ SW3d ___, 01-29-08, pet. denied Jun 2008) (credit card debt, breach of
contract, defamation, credit reputation)