JOHNSON v. EQUIFAX
2:22-cv-05124
E.D. Pa.Sep 30, 2024Background
- Tymere Johnson, proceeding pro se, filed a lawsuit against Trans Union, Equifax, and Experian under the Fair Credit Reporting Act (FCRA).
- Johnson alleged that the credit reporting agencies were reporting unspecified “inaccurate and fraudulent information” on his consumer credit report without his consent.
- Johnson’s complaint was vague; it did not specify what information was false, to which account(s) it pertained, or which agency was responsible.
- Johnson claimed he suffered emotional distress and financial harm as a result.
- The defendants filed a joint motion for judgment on the pleadings (essentially a motion to dismiss based on the insufficiency of the complaint).
- The court reviewed the sufficiency of Johnson’s allegations under the FCRA and the standards of Rule 12(b)(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of FCRA Claim | Defendants reported inaccurate, fraudulent info harming him | Complaint is conclusory; does not specify inaccuracies | Dismissed; insufficient factual allegations |
| Adequacy of Factual Allegations | Emotional, financial harm due to report inaccuracies | No details about what is inaccurate or which agency is at fault | Dismissed; no facts alleged about inaccuracies |
| Reasonable Procedures Under FCRA | Agencies failed to follow reasonable procedures | Plaintiff does not allege any facts to show procedural failure | Dismissed; no facts pled to support claim |
| Causation of Damages | Credit report caused depression and hindered credit access | No link between alleged inaccuracies and any harm or denial | Dismissed; causal link not alleged |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (standards for plausibility and factual support in pleadings)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (complaints must state more than labels or conclusions)
- Philbin v. Trans Union Corp., 101 F.3d 957 (elements to state a claim under the FCRA)
- Cortez v. Trans Union, LLC, 617 F.3d 688 (purpose of FCRA and accuracy requirements)
- Seamans v. Temple Univ., 744 F.3d 853 (definition of inaccuracy under FCRA)