Court Grants Consumer Reporting Agency’s Motion to Dismiss, Holding That Private Litigants Cannot Receive Injunctive Relief Under the FCRA

Parker v. Trans Union, LLC, 2010 U.S. Dist. LEXIS 72463 (E.D. Tex. June 23, 2010)

Facts: Plaintiff filed suit against Trans Union seeking injunctive relief under the FCRA. Specifically, Plaintiff requested the court to direct Trans Union to correct an alleged inaccuracy on his consumer report. Trans Union filed a Motion to Dismiss under Fed. R. Civ. P. 12(b)(6).

Injunctive Relief. The court held that private litigants are limited to the remedies set out in 15 U.S.C. §§ 1681n and 1681o. Because neither section includes injunctive or declaratory relief as a potential remedy, the court held that the FCRA does not authorize declaratory or injunctive relief for a private litigant. Thus, Plaintiff’s claim for injunctive relief against Trans Union was dismissed.