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For a copy of the opinion, please see here - BuckleySandler LLP

For a copy of the opinion, please see here - BuckleySandler LLP

Case 1:08-cv-04708-RMB

Case 1:08-cv-04708-RMB -KMW Document 71 Filed 05/12/10 Page 2 of 29 BUMB, United States District Judge: I. Introduction This matter comes before the Court on Defendants’ LexisNexis Risk and Information Analytics Group, Inc. and Seisint, Inc.’s (collectively “Defendants”) Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). Defendants seek judgment as a matter of law, dismissing Plaintiff Toni F. Adams’s putative class action alleging violations of the Fair Credit Reporting Act (“FCRA” or “the Act”), 15 U.S.C. § 1681, et seq. 1 For the following reasons, Defendants’ motion will be granted in part, and denied in part. II. Background Plaintiff Toni Adams alleges that Defendants “sell nationally . . . a product called an Accurint report to debt collectors, credit insurers and entities involved in the debt collection industry generally, to assist with the collection of delinquent accounts, and the location of debts and debtors’ assets.” Amended Compl. 8. Plaintiff argues that both LexisNexis Risk and Information Analytics Group, Inc. (“Lexis”) and Seisint, Inc. (“Seisint”) are “consumer reporting agencies,” see 15 U.S.C. § 1681a(f), that the Accurint report is a “consumer 1 The parties agreed to dismiss Plaintiff’s claims against Reed Elsevier, Inc. without prejudice. See Docket No. 51. 2

Case 1:08-cv-04708-RMB -KMW Document 71 Filed 05/12/10 Page 3 of 29 report” governed by the FCRA, see 15 U.S.C. § 1681a(d), and that Defendants violated restrictions imposed by the FCRA. A. The Accurint Report Plaintiff alleges that the Accurint report “provides substantial and detailed personal and credit information about an individual consumer.” Amended Compl. 1. According to Plaintiff, the report contains vast amounts of information about an individual American consumer that Defendants have assembled and compiled, including information about where the consumer resides, the consumer’s age, social security number, date of birth, economic profile data regarding the consumer’s home and neighboring properties, whether the consumer has filed for bankruptcy, has any liens or judgments, public records, UCC filings, professional licenses, accident history, recreational permits, and general information about the consumer’s assets and property. Id. at 9. Plaintiff posits that “[b]y regularly selling [Accurint] reports for a fee with the anticipated or expected use of such reports by” debt collectors, “Defendants operate as ‘consumer reporting agencies’ (‘CRAs’) . . . ‘that compile[] and maintain[] files on consumers on a nationwide basis,’ and national specialty consumer reporting agencies (‘NSCRAs’) as defined by 15 U.S.C. §§ 1681a(f), a(p) and a(w), respectively.” Id. at 11. B. Plaintiff’s Accurint Report Plaintiff claims that “[d]ue to Defendants’ sale of a grossly inaccurate Accurint report to a third party debt collector, [Plaintiff] . . . ended up being sued unlawfully for 3

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For a copy of the opinion, please see here - BuckleySandler LLP
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