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3 years ago

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 6 of 29 used on [Defendants’ Accurint] reports have errors.” 3 Amended Compl. 25. Plaintiff alleges that much of the information contained in the report “was grossly incorrect.” Id. at 26. According to Plaintiff, the report contained “inaccurate information about credit card debts, liens and judgments that did not pertain to [Plaintiff], as well as names and addresses that [Plaintiff] had never used.” Id. C. Plaintiff’s FCRA Claims Although pled in one count, Plaintiff argues that Defendants violated several sections of the FCRA. Plaintiff alleges that Defendants are liable for willfully and negligently violating the FCRA by engaging in the following conduct: (a) (b) (c) (d) failing to provide consumers with a mechanism and/or process for disputing inaccuracies in their Accurint reports and refusing to accept such disputes in violation of 15 U.S.C. § 1681i; failing to follow reasonable procedures to assure maximum possible accuracy of the Accurint reports it sold in violation of 15 U.S.C. § 1681e(b); failing to make all disclosures and perform all responsibilities imposed on consumer reporting agencies in violation of 15 U.S.C. §§ 1681b through 1681x of the FCRA; failing to comply with all requirements imposed on procurers for resale or resellers of information in violation of 15 U.S.C. § 1681e(e); and 3 The Court notes that neither party has appended a copy of Plaintiff’s Accurint report to their submissions. 6

Case 1:08-cv-04708-RMB -KMW Document 71 Filed 05/12/10 Page 7 of 29 (e) charging Plaintiff and the Class for copies of their Accurint reports, in violation of 15 U.S.C. § 1681j(a)(1)(C). Id. at 39. III. Standard Federal Rule of Civil Procedure 12(c) provides that “[a]fter the pleadings are closed--but early enough not to delay trial--a party may move for judgment on the pleadings.” Where, as here, a party asserts the defense of failure to state a claim upon which relief can be granted in the context of a Rule 12(c) motion, Courts apply the same standard as used for a Rule 12(b)(6) motion. Turbe v. Gov't of the Virgin Islands, 938 F.2d 427, 428 (3d Cir. 1991). See also Fed.R.Civ.P. 12(h)(2) (“Failure to state a claim upon which relief can be granted . . . may be raised . . . by a motion under Rule 12(c).”). A Rule 12(b)(6) motion to dismiss must be denied if the plaintiff’s factual allegations are “enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true, (even if doubtful in fact).” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(internal citations omitted). Moreover, [w]hile a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, . . . a plaintiff's obligation to provide the "grounds" of his "entitle[ment] to relief" requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. 7

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