ENNIS v. EQUIFAX INFORMATION SERVICES LLC

CourtDistrict Court, M.D. Georgia
DecidedOctober 22, 2021
Docket7:20-cv-00143
StatusUnknown

This text of ENNIS v. EQUIFAX INFORMATION SERVICES LLC (ENNIS v. EQUIFAX INFORMATION SERVICES LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ENNIS v. EQUIFAX INFORMATION SERVICES LLC, (M.D. Ga. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION

LATISHA ENNIS,

Plaintiff,

v. Civil Action No. 7:20-CV-143 (HL)

EQUIFAX INFORMATION SERVICES, LLC and TRANS UNION, LLC.,

Defendants.

ORDER Plaintiff Latisha Ennis, a consumer, filed this lawsuit seeking redress of alleged violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq. Plaintiff alleges that Defendants failed to properly investigate tradelines1 on her credit report that were marked as disputed. She informed Defendants that she no longer disputed the accounts and Defendants informed the furnishers of the accounts that she no longer disputed them. However, the furnishers told Defendants that the information was incorrect and the accounts were still in dispute. Accordingly, Defendants did not change notation on the disputed

1 “A tradeline is a term used by credit reporting agencies to describe credit accounts listed on your credit report. For each account you have, there is a separate tradeline, which includes information about the creditor and the debt.” Ben Luthi, What are Tradelines and How do They Affect You?, EXPERIAN (May 1, 2019) https://www.experian.com/blogs/ask-experian/what-are-tradelines/. tradelines. Now before the Court is Defendants’ Equifax Information Services, LLC (“Equifax”) and Trans Union, LLC (“Trans Union”) Motion for Judgment on the

Pleadings (Doc. 36). Upon review of the pleadings, the Court GRANTS Defendants’ motion. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff alleges that Defendants failed to properly investigate inaccurate tradelines made by Nationwide Recovery Services, Inc. (“Nationwide”) and Medical Data Systems, Inc. (“MDS”).2 (Doc. 1, ¶ 12-17). According to Plaintiff, her

Trans Union and Equifax credit reports inaccurately reflected that these were “accounts in dispute.” (Id. at ¶ 8,9). On April 9, 2020, Plaintiff obtained her credit disclosures and noticed two tradelines marked as in dispute. (Id. at ¶ 11).3 On or about April 30, 2020, Plaintiff submitted a letter to Equifax and Trans Union requesting that the credit bureaus remove the notation of “account in dispute.” (Id.

at ¶ 12). Equifax and Trans Union forwarded Plaintiff’s consumer dispute to Nationwide and MDS (the “furnishers”). (Id. at ¶ 13). The furnishers verified to Equifax and Trans Union that its reporting of the relevant tradelines was accurate. (Id. at ¶ 15). On June 15, 2020, Plaintiff obtained her Equifax and Trans Union credit disclosures, which still had the “accounts in dispute” notation on both

accounts. (Id. at ¶ 16).

2 Plaintiff named Nationwide and MDS as defendants in her Complaint. She later dismissed her claims against these entities. (Docs. 15, 34). 3 Plaintiff no longer disputes the Errant Tradelines. (Doc. 1, ¶ 10). As a result of Defendants’ alleged negligent failure to maintain and/or follow proper procedures to assure maximum possible accuracy of the information it

reported to one or more third parties, Plaintiff claims that she has suffered both emotional damage and damage to her credit. (Id. at ¶ 47, 54). She further states that Defendants failed to conduct a reasonable investigation of her claim as required by 15 U.S.C. § 1681(i). (Id. at ¶ 46, 53). This has caused actual damages, mental anguish and suffering, humiliation, and embarrassment. (Id. at ¶ 47, 54).

Plaintiff filed her complaint with this Court on July 27, 2020. The CRA Defendants filed a Joint Motion for Judgment on the Pleadings on March 19, 2021. II. MOTION FOR JUDGMENT ON THE PLEADINGS STANDARD A Rule 12(c) motion for judgment on the pleadings is treated the same as a Rule 12(b)(6) motion to dismiss for failure to state a claim. Strategic Income Fund, L.L.C. v. Spear, Leads & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002)

(“Whether the Court examined…[the count] under Rule 12(b)(6) or 12(c), the question was the same: whether the count stated a claim for relief.”). Federal Rule of Civil Procedure 12(b)(6) requires dismissal of a complaint when a plaintiff’s allegations fail to set forth facts which, if true, would entitle the complainant to relief. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). “Threadbare recitals of the

elements of a cause of action, supported by mere conclusory statements, do not suffice,” and “only a complaint that states a plausible claim for relief survives a motion to dismiss.” Iqbal, 556 U.S. at 678-79. To be plausible, the complaint must contain “well-pleaded facts” that “permit the court to infer more than the mere possibility of misconduct.” Id.

To survive a motion to dismiss, a complaint “does not need detailed factual allegations,” but it must provide “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). “Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’” Iqbal, 556 U.S. at

678. Furthermore, “[f]actual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Twombly, 550 U.S. at 555 (internal citations omitted); see also Redland Co. v. Bank of Am. Corp., 568 F.3d 1232, 1234 (11th Cir. 2009) (explaining that “[t]o survive dismissal, the complaint’s allegations must plausibly suggest that the plaintiff has a right to relief, raising the

possibility above a speculative level; if they do not, the plaintiff’s complaint should be dismissed” (internal quotation omitted)). III. DISCUSSION The purpose of the FCRA is to “require that consumer reporting agencies [“CRAs”] adopt reasonable procedures for meeting the needs of commerce for

consumer credit…in a manner which is fair and equitable to the consumer with regards to confidentiality, accuracy, relevancy, and proper utilization.” 15 U.S.C. § 1681(b). “The FCRA creates a private right of action against consumer reporting agencies for the negligent, see 15 U.S.C. § 1681o, or willfull, see 15 U.S.C. § 1681n, violation of any duty imposed under the statute.” Collins v. Experian Info. Solutions, Inc., 775 F.3d 1330, 1333 (11th Cir. 2015) (citing SafeCo Ins. Co. of

Am. v. Burr, 551 U.S. 47, 53 (2007)). In Counts III and IV of her complaint, Plaintiff alleges that Equifax and Trans Union “negligently failed to maintain and/or follow reasonable procedures to assure maximum possible accuracy of the information it reported to one or more third parties pertaining to Plaintiff,” in violation of 15 U.S.C. § 1681e

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Redland Co., Inc. v. Bank of America Corp.
568 F.3d 1232 (Eleventh Circuit, 2009)
Safeco Insurance Co. of America v. Burr
551 U.S. 47 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
King v. MOVIEICKETS. COM, INC.
555 F. Supp. 2d 1339 (S.D. Florida, 2008)
Curtis J. Collins v. Experian Information Solutions, Inc.
775 F.3d 1330 (Eleventh Circuit, 2015)
Kathleen N. Pedro v. Transunion LLC
868 F.3d 1275 (Eleventh Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
ENNIS v. EQUIFAX INFORMATION SERVICES LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ennis-v-equifax-information-services-llc-gamd-2021.