FCRA Does Not Support Private Plaintiff’s Claim For Equitable Relief

Picon v. Bank of Am., N.A., 2011 U.S. Dist. LEXIS 65951 (M.D. Fla. June 21, 2011)

Facts: Plaintiff filed suit against Bank of America, FIA Card Services, Trans Union, Equifax, and Experian for violation of the FCRA seeking statutory and economic damages, attorneys’ fees and costs, and declaratory relief. In response, Trans Union filed a Motion for Partial Dismissal.Injunctive Relief. Trans Union filed a motion for partial dismissal pursuant to Fed. R. Civ. P. 12(b)(6) arguing that as a private person, Plaintiff could not seek equitable, declaratory or injunctive relief under the FCRA. The Court found that by excluding equitable relief from the list of remedies available to private individuals, Congress intended to vest injunctive relief solely with the Federal

Trade Commission. Thus, the Court held that the FCRA does not support a private plaintiff’s request for equitable relief, and Trans Union’s Motion to for Partial Dismissal was granted.