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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 8 of 29 Id. (internal citations omitted). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Twombly, 550 U.S. at 556). On a Rule 12(c) motion, just as on a Rule 12(b)(6) motion, the Court “must accept the allegations in the complaint as true, and draw all reasonable factual inferences in favor of the plaintiff.” Turbe, 938 F.2d at 428. “Judgment will only be granted where the moving party clearly establishes there are no material issues of fact, and that he or she is entitled to judgment as a matter of law.” DiCarlo v. St. Mary Hosp., 530 F.3d 255, 259 (3d Cir. 2008) (citing Oxford Assocs. v. Waste Sys. Auth., 271 F.3d 140, 144-45 (3d Cir. 2001)). IV. Analysis Defendants raise several arguments in support of their motion for judgment on the pleadings: (1) Plaintiff fails to allege sufficient facts to support her contention that the Accurint report qualifies as a “consumer report” under the FCRA; (2) Plaintiff fails to allege acts undertaken by each Defendant, thereby depriving Defendants of fair notice of Plaintiff’s claims; (3) Plaintiff fails to allege sufficient facts to support the claim that Defendants willfully violated the FCRA; (4) 8

Case 1:08-cv-04708-RMB -KMW Document 71 Filed 05/12/10 Page 9 of 29 “Plaintiff fails to identify all of the obligations under the FCRA that Plaintiff contends each Defendant violated”; and (5) Plaintiff fails to allege sufficient facts to support her characterization of Defendants as “resellers” of consumer reports under the FCRA. See Def. Br. at 3-4. A. The FCRA “Congress enacted the FCRA in 1970 to ensure fair and accurate credit reporting, promote efficiency in the banking system, and protect consumer privacy.” Gelman v. State Farm Mut. Auto. Ins. Co., 583 F.3d 187, 191 (3d Cir. 2009) (quoting Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47, 52 (2007)). Specifically, Congress found that “[t]here is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy.” 15 U.S.C. § 1681(a)(4). To state her claim that Defendants violated the FCRA, Plaintiff must plead sufficient facts to show that Defendants either willfully or negligently failed to comply with a requirement imposed on credit reporting agencies. See 15 U.S.C. § 1681n and § 1681o. To do this, Plaintiff must first establish that Defendants are governed by the Act, i.e., that Defendants 9

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