Summary:
Papa G. Vitalia filed a complaint against several defendants, including Early Warning Services, LLC (EWS), under the Fair Credit Reporting Act (FCRA). Vitalia alleged that EWS reported inaccurate information on his credit report, after once previously deleting that information, which resulted in him being denied credit from several banks.
EWS filed a motion to dismiss the complaint, arguing that Vitalia did not provide enough factual details to support his claims. Specifically, EWS contended that:
- Vitalia did not sufficiently show what inaccurate information was reported;
- Vitalia failed to allege that EWS did not follow reasonable procedures to ensure accuracy;
- EWS does not provide credit reports, so any claims of credit denials were unrelated to EWS;
The court agreed with EWS, finding that Vitalia's complaint lacked specific factual allegations to support his claims of inaccuracies and unreasonable procedures. As a result, the court recommended dismissing the complaint. Additionally, Vitalia’s claim of improper reinsertion of inaccurate information under 15 U.S.C. § 1681i(a)(5) also failed due to insufficient pleading. The court recommended that EWS’s motion to dismiss be granted. Vitalia was given 14 days to file objections to the recommendation.
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