156 F. Supp. 3d 274
D. Conn.2015Background
- Bentley sues GreenSky, Tri-State, Roe, and Pompilli for FCRA, TILA, CUTPA, and identity-theft theories; seeks damages, fees, and injunctive relief.
- Tri-State filed for bankruptcy; case stayed under 11 U.S.C. § 362(a)(1) with stay in effect for Tri-State.
- Bentley moves to join Union First Market Bank and to add identity-theft claims; GreenSky moves for summary judgment.
- Court previously denied Rule 19 joinder but allowed amended pleading insights; identity-theft claims against Roe and Pompilli may be added.
- GreenSky’s summary-judgment motion seeks dismissal of all claims; court grants it in full; no vicarious-liability finding against GreenSky.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Joinder of Union First Market Bank under Rule 20 | Bentley satisfies Rule 20; bank should be party | Bank claims joinder would be futile | Joinder denied; bank not added |
| Identity-theft claim against Roe and Pompilli | Identity-theft claim against individuals should proceed | No plausible basis to add bank for identity theft | Identity-theft claim against Roe and Pompilli granted |
| TILA claims against GreenSky for a non-consummated loan | GreenSky violated TILA by disclosure failures | Loan never consummated; no TILA liability | TILA claims against GreenSky futile; summary judgment granted |
| FCRA and CUTPA claims against GreenSky | GreenSky violated FCRA and engaged in unfair practices | No valid FCRA or CUTPA showing; no damages | FCRA and CUTPA claims against GreenSky dismissed; summary judgment granted |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility pleading standard for 12(b)(6))
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading must state a plausible claim, not mere speculation)
- Vincent v. The Money Store, 736 F.3d 88 (2d Cir. 2013) (TILA disclosure standards and approach to open-ended/closed-ended loans)
- Bank of New York v. Conway, 50 Conn. Supp. 189, 916 A.2d 130 (Conn. Super. Ct. 2006) (coextensive TILA framework and Connecticut authority)
- A-G Foods, Inc. v. Pepperidge Farm, Inc., 216 Conn. 200, 579 A.2d 69 (Conn. 1990) (CUTPA standard and unfairness analysis)