- Louisiana Court Grants Consumer Reporting Agency’s Motion to Dismiss, Holding that Private Litigants Cannot Receive Injunctive Relief Under the FCRA
- February 14, 2011 | Author: Paul W. Sheldon
- Law Firm: Strasburger Price LLP - Dallas Office
Johnson v. Trans Union, LLC, 2010 U.S. Dist. LEXIS 135586 (W.D. La. Dec. 22, 2010)
Facts: Plaintiff filed suit against Trans Union alleging that Trans Union reported false and inaccurate information on her credit reports and failed to correct those inaccuracies, even after notification and reinvestigation of the disputes. As part of her claims for relief, Plaintiff sought injunctive relief under both the FCRA and Louisiana state law. Trans Union filed a Motion for Partial Dismissal under Fed. R. Civ. P. 12(b)(6), claiming that Plaintiff’s claims for injunctive relief were barred by the FCRA and should be dismissed with prejudice. The Court agreed.
•Injunctive Relief. The Fifth Circuit has unequivocally stated that private litigants may not seek injunctive relief against consumer reporting agencies. Private litigants are limited to the remedies set out in §1681n and §1681o which include statutory, actual, and punitive damages as well as attorney’s fees.
•Preemption. The FCRA also preempts state laws to the extent those laws are inconsistent with the FCRA. Accordingly, Plaintiff’s state law injunctive relief claim was also dismissed because the present case involved FCRA claims which prohibited private litigants from seeking injunctive relief.