In El Bey v. Receivables Performance Management, plaintiff alleged that defendant accessed his credit report without a permissible purpose and in violation of the FCRA.  Defendant moved to dismiss, arguing that plaintiff had failed to plausibly alleged an FCRA claim base don an adequate factual foundation.  The court concluded that plaintiff had sufficiently pled a claim to survive the motion, because plaintiff supported the claim with facts alleging that he had no prior dealings  with defendant, never applied for credit with defendant and never executed a contract with defendant.  Moreover, plaintiff alleged that he had given notice to defendant of the improper credit pull, but defendant failed to respond in any way.

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