Bleynat v. Trans Union, LLC, WD NC

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Bleynat v. Trans Union, LLC, WD NC

Postby Administrator » Tue Oct 07, 2014 7:46 pm

II. Analysis
Plaintiff requests declaratory and injunctive relief against Defendant Trans Union for alleged violations of the FCRA. Although the United States Court of Appeals for the Fourth Circuit has not addressed the issue, federal courts have almost uniformly determined that injunctive and declaratory relief are not available to private litigants under the FCRA; injunctive and declaratory relief are only available to the Federal Trade Commission. See e.g., Washington v. CSC Credit Servs. Inc., 199 F.3d 263, 268–69 (5th Cir.2000); Domonoske v. Bank of Am., 705 F.Supp.2d 515, 518 (W.D.Va.2010); Jarrett v. Bank of Am., 421 F.Supp.2d 1350, 1353 (D.Kan.2006); White v. First Am. Registry, Inc., 378 F.Supp.2d 419, 424 (S.D.N.Y.2005); Kaplan v. Experian, Inc., No. 09–10047, 2010 WL 2163824, at * 4 (E.D.Mich. May 26, 2010); Pugh v. Gen. Elec. Co., No. 2: 10cv221 -ID, 2010 WL 2629511, at *3–4 (M.D.Ala. Jun.29, 2010) Daniels v. Experian Info. Solutions, Inc., No. 109–017, 2009 WL 1811548, at *4 (S.D.Ga. Jun.24, 2009); see also Weiss v. Regal Collections, 385 F.3d 337, 341 (3rd Cir.2004) (holding that injunctive and declaratory relief are not available to private litigants based on similar language under the Fair Debt Collection Practices Act). At least one other Judge in this District has reached the same result. See McCullough v. Trans Union LLC, No. 3:06cv432–W, 2006 WL 3780536, at * 2 (W.D.N.C. Dec.21, 2006) (Whitney, J.). The Court agrees with the conclusion reached by nearly every federal court to consider the issue and finds that a private litigant may not maintain a claim for injunctive or declaratory relief under the FCRA. Accordingly, the Court RECOMMENDS that the District Court GRANT the Motion to Dismiss [# 34].

Bleynat v. Trans Union, LLC
Not Reported in F.Supp.2d, 2012 WL 2573213
W.D.N.C.,2012.
March 19, 2012
David A. Szwak
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