Vullings v. Trans Union, LLC

115 F. Supp. 3d 538, 2015 U.S. Dist. LEXIS 88979, 2015 WL 4130784
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 9, 2015
DocketCivil Action No. 15-2814
StatusPublished
Cited by13 cases

This text of 115 F. Supp. 3d 538 (Vullings v. Trans Union, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vullings v. Trans Union, LLC, 115 F. Supp. 3d 538, 2015 U.S. Dist. LEXIS 88979, 2015 WL 4130784 (E.D. Pa. 2015).

Opinion

MEMORANDUM

BARTLE, District Judge.

Plaintiff Michelle W. Vullings (“Vull-ings”) has sued three consumer reporting services1 as well as Target Corporate Services, Inc. (“Target”) and TD Bank USA, N.A. (“TD Bank”).2 In her five-count complaint, Vullings alleges violations of: the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681s-2(a)-(b); Pennsylvania’s Fair Credit Extension Uniformity Act, 73-Pa: Stat. § 2270.1 et seq.; and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. § 201-1- et seq. She also pleads common-law defamation and civil conspiracy.

Before the court is the motion of defendants Target and TD Bank to dismiss all but one of the claims against them.

I.

When deciding a Rule 12(b)(6) motion to dismiss, the. court must accept as true all factual allegations in the complaint and, draw all inferences in the light most favorable to the plaintiff. Phillips v. Cnty. of Allegheny, 515 F.3d 224, 233 (3d Cir.2008); Umland v. PLANCO Fin. Servs., Inc., 542 F.3d 59, 64 (3d Cir.2008). We must then determine, whether the pleading at issue [540]*540“contain[s] sufficient factual matter, accepted as true, to ‘state a claim for relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Under this standard, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. at 578, 127 S.Ct. 1955. Instead, the complaint must contain factual matter sufficient to state a claim that is facially plausible, meaning that “the plaintiff [has] plead[ed] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955).

On a motion to dismiss for failure to state a claim, the court may consider “allegations contained in the complaint, exhibits attached to the complaint and matters of public record.” Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir.1993) (citing 5A Charles Allen Wright & Arthur R. Miller, Federal Practice and Procedure § 1357 (2d ed.1990)). Beyond this, district courts are generally barred from considering “matters outside of the [c]omplaint when ruling on” a 12(b)(6) motion. Cerome v. Moshannon Valley Corr. Ctr./Cornell Cos., Inc., No. 09-2070, 2010 WL 4948940, at *3 (3d Cir. Dec. 7, 2010).

II.

The facts set forth in the complaint, taken in the light most favorable to Vull-ings' as the plaintiff, are as follows.

In or around January 2015, while making purchases at one of defendant Target’s stores, Vullings “instructed the store employees to connect her existing credit card with her Target Red Card to pay for said purchases.” Instead, Target and TD Bank opened a new credit card in Vullings’ name and charged a balance of $346.86 to that card.

When Vullings became aware of the new line of credit in March 2015, she contacted Target’s customer service hotline and was able to pay off the balance of the card with the help of a customer service representative. Another Target representative stated that she would delete the account and credit inquiry from Vullings’ credit report. According to Vullings, this step was never taken. Instead, Vullings discovered that the Target credit card account, a credit inquiry, and a balance of $378 were being reported on her credit reports by Target and TD Bank.

In early April 2015, Vullings contacted defendants Trans Union, Experian, and Equifax, all of which are consumer credit reporting services, to dispute the accuracy of the information reported to them by Target and TD Bank. All three credit reporting services responded that the trade line and credit inquiry had been “verified.” Each refused to remove the items from Vullings’ credit report or to mark them as “disputed.”

Vullings avers that as a result of the conduct of defendants she has suffered financial harm arising from the damage to her creditworthiness and has incurred out-of-pocket expenses in attempting to remedy defendants’ alleged errors. Vullings further maintains that she has experienced physical and emotional harm as well as “dignitary harm” arising from damage to her credit rating and reputation.

III.

In paragraph 35 of Count I of her complaint, Vullings alleges that Target and TD Bank violated the FCRA by engaging in the following conduct:

(a) Willfully and negligently failing to properly and timely delete the inaccurate information from the Plaintiffs [541]*541credit files despite being provided with proof of its inaccuracy; and
(b) Willfully and negligently continuing to furnish and disseminate inaccurate information and' derogatory credit account and other information despite having knowledge of its inaccuracy; and
(c) Willfully and negligently failing to comply with the requirements imposed on furnishers of information pursuant to 15 U.S.C. § 1681s-2(b); and
(d) Reporting information with actual knowledge of errors in violation of 15 U.S.C. § 1681s-2(a)(l)(A); and
(e) Reporting information after notice and confirmation of errors in violation of 15 U.S.C. § 1681s — 2(a)(1)(B); and
(f) Failing to correct and update information in violation of 15 U.S.C. § 1681s-2(a)(2)(B); and
(g) Failing to provide notice of dispute in violation of 15 U.S.C. § 1681s-2(a)(3); and
(h) Failing to conduct an investigation with respect to disputed information in violation of [15 U.S.C.] § 1681s-2(a)(8); and
(i) Obtaining consumer credit reports without permissible purpose.

Target and TD Bank seek dismissal of Count I insofar as it is premised on the conduct alleged in paragraph 35, except for the conduct alleged in subparagraph 35(c).

The movants argue that subparagraphs 35(a)-(b) and 35(d)-(h) allege violations of 15 U.S.C. § 1681s-2

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Bluebook (online)
115 F. Supp. 3d 538, 2015 U.S. Dist. LEXIS 88979, 2015 WL 4130784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vullings-v-trans-union-llc-paed-2015.