Dicesari v. Asset Acceptance LLC, ED Pa.

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Dicesari v. Asset Acceptance LLC, ED Pa.

Postby Administrator » Tue Oct 07, 2014 7:27 pm

D. Plaintiff's Equity Claim
Count IV of Plaintiff's complaint seeks equitable relief. Specifically, Plaintiff “demands equitable relief in the form of defendant being ordered to delete from plaintiff's consumer reports any negative tradeline referring to the alleged debt being owed by plaintiff.” (Am.Compl.¶ 36, Doc. No. 10). Defendants argue that this demand for equitable relief must be dismissed, because the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., governs the duties owed by a furnisher of information to credit reporting agencies, and the FCRA preempts any state law claims regarding negligent reporting of credit information. (Defs. Mem. of Law in Supp. of Its Mot. To Dismiss at 17, Doc. No. 12).

*6 To the extent that Plaintiff's complaint claims injunctive relief under the FDCPA or the FCRA, the claim must fail. “Injunctive ... relief [is] not available to litigants acting in an individual capacity under the FDCPA.” Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004). And furthermore, the affirmative grant of power to pursue injunctive relief under the FCRA solely to the Federal Trade Commission (FTC) demonstrates that Congress did not contemplate individual litigants' pursuit of injunctive relief under the FCRA. Washington v. CSC Credit Servs., 199 F.3d 263, 268 (5th Cir.2000); see also Weiss, 385 F.3d at 341) (citing with approval Washington v. CSC Credit Servs.).

Furthermore, to the extent that Plaintiff's complaint seeks injunctive relief under state law claims, the claim still must fail. Defendants appear to be covered by FCRA subsection 1681s2, which governs the responsibility of furnishers of information to credit reporting agencies. 15 U.S.C. § 1681s–2. Specifically, the relief Plaintiff seeks appears to be governed by subsection 1681s–2 (a)(1) (A): “A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.” To the extent that Plaintiff seeks this injunction not under the FCRA, but under state law, the statute specifically states that § 1681s–2 preempts any state law claims relating to furnishers of information to credit reporting agencies. 15 U.S.C. § 1681t(b)(1) (F); see also Jaramillo v. Experian Info. Solutions, Inc., 155 F.Supp.2d 356, 361 (E.D.Pa.2001) (“[I]t is clear from the face of section 1681t(b)(1)(F) that Congress wanted to eliminate all state causes of action ‘relating to the responsibilities of persons who furnish information to consumer reporting agencies.’ ”). Therefore, the Court grants Defendants' Motion to Dismiss under Fed.R.Civ.P. 12(b)(6) with respect to Plaintiff's claim in equity under Count IV.

Dicesari v. Asset Acceptance LLC
Not Reported in F.Supp.2d, 2012 WL 4108944
September 18, 2012
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

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