Armstrong v. Navient Solutions, LLC

292 F. Supp. 3d 464
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 2, 2018
DocketCivil Action No. 16–2212 (RDM)
StatusPublished
Cited by6 cases

This text of 292 F. Supp. 3d 464 (Armstrong v. Navient Solutions, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstrong v. Navient Solutions, LLC, 292 F. Supp. 3d 464 (D.C. Cir. 2018).

Opinion

RANDOLPH D. MOSS, United States District Judge

In 2014, Plaintiff Ann Holiday received a statement from Navient Solutions, Inc. ("NSI"), a loan servicing company, reflecting a balance of $45,000 for multiple student loans purportedly made to her son, Plaintiff Anwar Armstrong. Asserting that they took out a single student loan for only $9,000, Plaintiffs allege that they contacted NSI to dispute the account balance and that NSI failed to correct the error. Instead, according to Plaintiffs, NSI reported the incorrect loan balance to consumer reporting agencies, which, in turn, used the faulty information from NSI to generate credit reports that negatively affected Armstrong's ability to secure employment.

In response, Plaintiffs filed suit in the Superior Court of the District of Columbia, alleging that NSI violated the District of Columbia Consumer Protection Procedures Act ("CPPA") by making a "misleading *467statement ... regarding their credit worthiness and credit balances." Dkt. 2-2 at 4 (Compl. ¶ 14). They also asserted common law claims for negligence and breach of contract, alleging that NSI "breached its duty of care by failing to safeguard [Plaintiffs'] information, and failing to correct errors in their account balances," id. at 6 (Compl. ¶ 26), and breached its contract with Plaintiffs by "not revers[ing] or adjust[ing] erroneous charges ... and [by] assert[ing] an invalid account balance," id. at 5 (Compl. ¶ 20). NSI removed the action to this Court, and now moves to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Dkt. 5. NSI asserts that all three of Plaintiffs' claims are preempted by the federal Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq. , and, alternatively, that Plaintiffs have failed to state a claim upon which relief can be granted.

For the reasons explained below, the Court concludes that the FCRA preempts Plaintiffs' CPPA and negligence claims in part. In addition, the Court concludes that any non-preempted portion of Plaintiffs' negligence claims fails to state a claim, as does Plaintiffs' claim for breach of contract. With respect to the non-preempted portion of Plaintiffs' CPPA claim, it is unclear whether Plaintiffs have alleged facts sufficient to sustain Article III standing. The Court will, accordingly, grant NSI's motion to dismiss in part and deny it in part, and will direct that the parties show cause why the remaining portion of Plaintiffs' CPPA claim should not be dismissed (or remanded) for want of jurisdiction.

I. BACKGROUND

For purposes of the pending motion to dismiss, the following facts taken from Plaintiffs' complaint are accepted as true. See Am. Nat'l Ins. Co. v. FDIC, 642 F.3d 1137, 1139 (D.C. Cir. 2011).

Plaintiffs Holiday and Armstrong allege that they "entered an agreement for student loan credit" with NSI, Dkt. 2-2 at 5 (Compl. ¶ 18) for the amount of $9,000, id. at 3 (Compl. ¶ 2 (Statement of Facts) ). In December 2014, however, Holiday received a statement from NSI reflecting a balance "due [of] over $45,000" for "multiple private student loans" allegedly made to Armstrong. Id. at 3 (Compl. ¶ 1). Plaintiffs alleged that they requested proof of the claimed loans but that NSI failed to "produce any executed promissory notes evidencing the loans that [it] claimed were owed," id. (Compl. ¶¶ 3-4), and that NSI failed to credit $8,460 in loan payments already made by Plaintiffs, id. at 4 (Compl. ¶ 6). Plaintiffs further allege that NSI failed to correct the erroneous loan balance and "continue[d] to falsely claim that" Plaintiffs "owe[d] amounts that they [did] not owe." Id. at 3 (Compl. ¶¶ 2, 5). Although the complaint is not a model of clarity, Plaintiffs also appear to allege that NSI reported the incorrect balance-owed to consumer reporting agencies, which, in turn, used the information they received from NSI to generate negative credit reports about Armstrong. Id. at 4 (Compl. ¶ 14) (NSI "misled" Plaintiffs and "others" about the loan balance). "[B]ecause of [those] credit report[s]," Plaintiffs allege, Armstrong was not offered two jobs that he applied for in 2015. Id. at 4 (Compl. ¶¶ 7-10).

Plaintiffs filed suit against NSI in the Superior Court of the District of Columbia in 2016. Dkt. 2-1 at 2. NSI removed the case to this Court pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Dkt. 2 at 1-3. On November 14, 2016, NSI moved to dismiss the complaint, arguing that "[a]ll of the Plaintiffs' claims ... [we]re preempted by the [FCRA]," and, alternatively, that they "fail[ed] to state a claim upon which relief c[ould] be granted." Dkt. 5 at 1.

*468II. LEGAL STANDARD

A motion to dismiss brought under Federal Rule of Civil Procedure 12(b)(6) is designed to "test[ ] the legal sufficiency of a complaint." Browning v. Clinton , 292 F.3d 235, 242 (D.C. Cir. 2002). In evaluating such a motion, the Court "must first 'tak[e] note of the elements a plaintiff must plead to state [the] claim' to relief, and then determine whether the plaintiff has pleaded those elements with adequate factual support to 'state a claim to relief that is plausible on its face.' " Blue v. District of Columbia , 811 F.3d 14, 20 (D.C. Cir. 2015) (quoting Ashcroft v. Iqbal , 556 U.S. 662, 675, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ) (alterations in original) (citation omitted). Although "detailed factual allegations" are not necessary to withstand a Rule 12(b)(6) motion, Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955

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Bluebook (online)
292 F. Supp. 3d 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-navient-solutions-llc-cadc-2018.