Glanton v. DirecTV, LLC

172 F. Supp. 3d 890, 2016 WL 1177334, 2016 U.S. Dist. LEXIS 37457
CourtDistrict Court, D. South Carolina
DecidedMarch 23, 2016
DocketCivil Action No. 8:15-5041-TMC
StatusPublished
Cited by4 cases

This text of 172 F. Supp. 3d 890 (Glanton v. DirecTV, LLC) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glanton v. DirecTV, LLC, 172 F. Supp. 3d 890, 2016 WL 1177334, 2016 U.S. Dist. LEXIS 37457 (D.S.C. 2016).

Opinion

ORDER

Timothy M. Cain, United States District Judge

Plaintiff, proceeding pro se, filed' this action pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681. Defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (ECF No. 17). In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., these matters were referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and Recommendation (“Report”), recommending that the court grant Defendant’s motion to dismiss. (ECF No. 24). Plaintiff was advised of his right to file objections to . the Report. (ECF No. 24 at 11). Plaintiff, however, filed no objections to the Report, and the time to do so has now run.

The Report has no presumptive weight and the responsibility to. make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). In the absence -of objections, this court is not required to provide an explanation for adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir.1983). Rather, “in the absence of a timely -filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recom[892]*892mendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir.2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).

After a thorough review of the Report and the record in this case, the court adopts the magistrate judge’s Report (EOF No. 24) and incorporates it herein. It is therefore ORDERED that Defendant’s motion to dismiss (ECF No. 17) is GRANTED.

IT IS SO ORDERED.

REPORT OF MAGISTRATE JUDGE

Kevin F. McDonald, United States Magistrate Judge

This matter is before the court on the defendant’s motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (doc. 17). Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(A) and Local CM Rule 73.02(B)(2)(e) , (D.S.C.), ah pretrial matters in cases involving pro se litigants are referred, to a United States Magistrate Judge for consideration.

FACTUAL ALLEGATIONS

The plaintiff alleges that he is the “victim of ongoing identity theft,” which he has reported to the police (comp. ¶9). The plaintiff further alleges that he discovered a “fraudulent' inquiry” made by the defendant on his credit report and that he reported the same to Equifax in April 2014 (id. ¶ 10) The plaintiff alleges that the inquiry was “fraudulent” because it was initiated “as a result of Identity Theft” (doc. 17-3). The plaintiff alleges that Equifax’s response to this “dispute” indicated that the defendant “refused to remove the fraudulent inquiry due to factual records it has on file for [the plaintiff]” (comp. ¶ 11). The plaintiff contends that, as a consequence of the appearance of this inquiry, he was “framed and humiliated by [the defendant], and suffered from harassment, severe emotional distress, feelings of oppression, embarrassment, and financial damages ...” (id. ¶ 12).

The plaintiff alleges that he sent a “letter of dispute along with both of his police reports, which clearly supported his claims of identity theft, [to the defendant] via regular mail ...” on July 30, 2014 (the “July 30 Letter”) (Id. ¶ 13; doc. 17-2, July 30 Letter). In the July 30 Letter, the plaintiff stated as follows, in pertinent part:

I am a victim of identity theft, and I recently found that you made an unauthorized inquiry on my Equifax credit profile. It is shocking to know that you have done this .without my consent or permission, I have never sought to acquire services from and may not ever do so because of this terrible experience
Furthermore, I am often misconstrued with my father because he and I both share the same first and last name; he has also been found guilty by the local authorities for providing my personal information'in order avoid legal matters. He and I also lived at the same residence for many years, so it’s easy to get our information confused.
I’m asking that you please remove the unauthorized inquiry from my credit reports) as soon as possible, you are not only damaging my credit score, but you are in violation of my personal and financial privacy....

(Doc. 17-2).1

The plaintiff claims that the defendant “failed to send a correspondence in regard [893]*893to the receipt” of the July 30 Letter and that the defendant “intentionally failed' to adhere to the Fair Credit Reporting Act (“FCRA”) in regard to victims of identity theft and that [the defendant] grossly failed to take all required actions to investigate the negative item and to permanently remove it from ... [the plaintiffs] public credit profile” (comp. ¶ 14).

The plaintiff alleges that he sent a second letter to the defendant on November 2, 2015 (the “November 2 Letter”) (doc. 17-3, November 2 Letter). In the November 2 Letter, the plaintiff stated as follows, in pertinent part:

I disputed an unauthorized inquiry, as a result of Identity Theft, made by you on November 9, 2013, via Equifax. On July 29, 2014, you responded to Equifax stating that you had factual record of file access even after the inquiry was reported to be a result of Identity Theft.
Wednesday, July 30, 2014, I sent you a letter of dispute (enclosed with my police report supporting my claims) through regular mail referencing the unauthorized inquiry made by you; also, in the letter, I respectfully requested that you send me factual documents in which you were referencing to be factual record of file access. However, you never responded to my request.
I have been struggling to clear my good name due to ongoing Identity Theft, as well as a mixture of information which pertains to a relative(s) who share the same first and last name as I do. You have caused me great emotional distress, and inconvenience....

(Id.). The plaintiff alleges that the defendant again failed to respond to the letter, “therefore committing another criminal act of omission” (comp. ¶18). In his corn-plaint, the plaintiff demands judgment “in ... excess ... of $75,000 in actual damages, discretionary penalties' all together with attorney’s fees, court costs, and other costs as provided by law” (id. ¶ C).

APPLICABLE LAW AND ANALYSIS

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Cite This Page — Counsel Stack

Bluebook (online)
172 F. Supp. 3d 890, 2016 WL 1177334, 2016 U.S. Dist. LEXIS 37457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glanton-v-directv-llc-scd-2016.