• District Court Dismisses Employer's Claims for Contribution and Indemnification against CRA Because No Such Rights Exist under the FCRA
  • July 20, 2010 | Author: Martin Thornthwaite
  • Law Firm: Strasburger & Price, LLP - Frisco Office
  • Boatner  v. Choicepoint Workplace Solutions, Inc., 2010 U.S. Dist. LEXIS 44264 (D. Or. May 6, 2010)

    Facts: Plaintiff’s job offer with Defendant Bowen Property Management (“Bowen”) was rescinded after Bowen received an investigatory consumer report that allegedly contained inaccurate information provided by Defendant ChoicePoint Workplace Solutions, Inc., a LexisNexis company (“Lexis”). Plaintiff sued Bowen and Lexis under the FCRA, and Bowen asserted cross-claims against Lexis for contribution and indemnification. Lexis moved to dismiss under Rule 12(b)(6), which the Court granted.

    • Failure to State a Claim. The Court found that the FCRA contained no implicit right to contribution or indemnification because there is no indication that Congress wanted to create such a right. The FCRA is not intended to benefit Bowen, a user of consumer credit information.
    • Failure to State a Claim. There is also no federal common law right to indemnification or contribution in this case because the FCRA “does not implicate a uniquely federal interest and does not delegate any rights to the courts to create remedies.”