Garrison v. Equifax Information Services, LLC, ED Mich.

Site Admin
Posts: 11757
Joined: Tue Jul 26, 2005 4:15 am

Garrison v. Equifax Information Services, LLC, ED Mich.

Postby Administrator » Tue Oct 07, 2014 7:57 pm

As to injunctive relief, the Sixth Circuit has explicitly declined to address the question:

Adding to our reluctance to resolve the issue at this juncture is the reality that the answer to the question is far from self-evident. In Washington, the one court of appeals case to address the issue, the Fifth Circuit held that FCRA's grant to the FTC the power to obtain injunctive relief, see 15 U.S.C. § 1681s(a)(1); id. § 45(a), creates a negative inference that FCRA's private right of action, which has no express provision for injunction actions, does not allow individuals to obtain injunctive relief. 199 F.3d at 268. Washington may be right, and the district court thus may have been right to rely on it. But the answer is not free from doubt. Califano v. Yamasaki, 442 U.S. 682, 705, 99 S.Ct. 2545, 61 L.Ed.2d 176 (1979), points out that a district court should start with the assumption that, in actions over which it has jurisdiction, it has authority to issue injunctive relief. In the absence of “the clearest command to the contrary from Congress,” the plaintiff may seek injunctive relief.

Beaudry, 579 F.3d at 709. District courts in the Eastern District of Michigan, however, appear to favor the Fifth Circuit's approach and have uniformly held that injunctive relief is not available under the FCRA. See Sloan v. Trans Union, LLC, No. 10–10356, 2010 WL 2805278, at *3 (E.D.Mich. June 23, 2010); Kaplan v. Experian, Inc., No. 09–10047, 2010 WL 2163824, at *4 (E.D.Mich. May 26, 2010); Khali v. Trans Union, LLC, No. 08–10303, 2009 WL 804165, at * 1–2 (E.D.Mich. March 25, 2009). I thus suggest that the district courts should be followed and that Plaintiff's claim for injunctive relief should not be allowed to proceed.

Garrison v. Equifax Information Services, LLC
Not Reported in F.Supp.2d, 2012 WL 1278048
February 13, 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

Return to “Injunctive Relief: FCRA and State Law”

Who is online

Users browsing this forum: No registered users and 4 guests