Other sections of the FCRA further emphasize that CRAs do not make hiring decisions with respect to the applicants of their customer-employers. Section 1681 m( a )(3 ), for example, requires the person taking an adverse action (i.e., the employer) to provide the consumer with "a statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken." 15 U.S.C. § 1681m(a)(3)(B).

or electronic notification to consumer that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken; as required by 15 U.S.C. § 1681 b(b)(3)(B)(i)(III); F. Whether CRST, within 3 business days of taking adverse action, provided oral, written, or electronic notification to consumer that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report as required by 15 U.S.C. § 1681 b(b)(3)(B)(i)(IV); G. Whether CRST, within 3 business days of receiving a consumer’s request for a copy of a consumer report from the person who procured the report, together with proper identification, provided the consumer with a copy of a report and a copy of the consumer’s rights as prescribed by the Federal Trade Commission under 15 U.S.C. § 1681 g(c)(3); H. Whether CRST knowingly and intentionally acted in conscious disregard of the rights of the consumer. Case: 1:11-cv-02615-JG Doc #: 57 Filed: 07/03/12 23 of 34.

Id. (citing 15 U.S.C. § 1681(b); Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47, 62 (2007)). 13 Fannie Mae also fails to mention that the Weidman case was significantly distinguishable from the instant case on its facts: the plaintiff there suffered no adverse action as a result of anything published about him in a consumer report, and the “false” information plaguing the plaintiff came directly from his credit report, not Freddie Mac’s mischaracterization of same.

However, as the statutory text makes clear, only federal and state officials may enforce provisions of those sections. See 15 U.S.C. §§ 1681(c), (d); Nelson, 282 F.3d at 1059 ("private enforcement under §§ 1681n & 0 is excluded (from the provisions of the FCRA arising under Section 1681s-2(a))."). Counts V and VII

(7) Defendant alleges in (C) and (D) of its Motion to Dismiss that 15 V.S.C. 1681s-2 (a) and (b) Plaintiff cannot State a Claim Because There is No Private Right of Action to Enforce This Provision V.S. Bank brought this motion to dismiss each and every count against them including violations of section 1681 s-(2). There is plainly a private right and cause of action under section 1681 s- 2(b). See, for example, Whitesides v. Equifax Credit Information Services. et ai, 125 F. Supp.2d 807 and 125 F. Supp.2d 813 (V.S.D.C. W.D. La. 2000) (two opinions) (on point factually and legally); Nelson v. Chase Manhattan Mortgage, __ F.3d __ , 2002 Westlaw 316714 (9th Cir. 2002) (Nev.) (3/1102) (finding a private right of action under 1681s-2(b) and noting an Page -7- Case 6:10-cv-06244-AA Document 15 Filed 12/13/10 Page 7 of 11 Page ID

The citation in the class definition to the statutory pre-adverse action notice requirements (containing consumer report and FCRA summary of rights) merely identifies the requirements, but does not give rise to a fail- safe class by mentioning the code. Whether Trinity sent the consumer report and summary of rights described in § 1681 b(b)(3)(A)(i) & (ii) are objective criteria.

III. STANDARDS FOR COMPLIANCE WITH 15 U.S.C. §1681e(b). The stated purpose of the FCRA is to “require consumer reporting agencies to adopt reasonable procedures for meeting the needs of commerce . . . in a manner which is fair and equitable for the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information. . .” 15 U.S.C. §1681(b). To accomplish such goals “credit reporting agencies are required to maintain ‘reasonable procedures’ designed ‘to assure maximum possible accuracy of the information’ contained in credit reports, §1681e(b), and to ‘limit the furnishing of such reports to’ certain statutorily enumerated purposes, § 1681e(a).”

First, section 1681(t)(b), preempts state law with respect to specific enumerated sections of the FCRA, including specifically section 1681s-2. It provides: General exceptions. No requirement or prohibition may be imposed under laws of any state— (1) With respect to any subject matter regulated under . . . (F) section 1681s-2 of this title relating to the responsibilities of persons who furnish information to consumer reporting agencies . . . . 15 U.S.C. § 1681(t)(b). Case 8:16-cv-03252-VMC-AAS Document 27 Filed 01/13/17 Page 7 of 12 PageID 106 - 8 - Second, sections 1681s-2(c) and (d) of the FCRA collectively provide that section 1681s- 2(a), which imposes duties on furnishers of information, “shall be enforced exclusively as provided under Section 1681s of this title by the Federal agencies and officials and the State officials identified section 1681s of this title.” 15 U.S.C. §§ 1681s-2 (c)-(d) (emphasis added); see also Cope v. MBNA America Bank, NA, No. 04-CV-493-BR, 2006 WL 655742, at *9 (D. Or. Mar. 8, 2006) (granting motion for summary judgment against the plaintiff’s allegations that the defendant engaged in wrongful conduct under section 1681s-2(a) because that section is enforceable only by federal and state officials); Pitstick Farms, 2005 WL 1151684, at *3 (“Enforcement of [subsection (a)] is in the exclusive province of the federal and state agencies identified in 15 U.S.C. § 1681s.”). In the instant case, Plai

See 15 U.S.C. § 1681i(a)(1)(A) (“if the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation. . . .”) (emphasis added). Section 1681i does not apply to credit furnishers, and any purported claims against TMCC under 15 U.S.C. § 1681(n) and 1681(o) for negligent or willful violations of § 1681i should be missed with prejudice. See Seamans v. Temple Univ., 744 F.3d 853, 865 (3d Cir. 2014) (“[i]f a CRA fails to Case 2:17-cv-00034-GAM Document 5 Filed 01/11/17 Page 9 of 13 8 provide 'all relevant information' to a furnisher, then the consumer has a private cause of action against the CRA, 15 U.S.C. §§ 1681i(a)(2)(A), 1681n-o, but not against the furnisher.”)

See 15 U.S.C. § 1681i(a)(1)(A) (“if the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation. . . .”) (emphasis added). Section 1681i does not apply to credit furnishers, and any purported claims against TMCC under 15 U.S.C. § 1681(n) and 1681(o) for negligent or willful violations of § 1681i should be missed with prejudice. See Seamans v. Temple Univ., 744 F.3d 853, 865 (3d Cir. 2014) (“[i]f a CRA fails to Case 2:17-cv-00035-GEKP Document 5 Filed 01/11/17 Page 9 of 13 8 provide 'all relevant information' to a furnisher, then the consumer has a private cause of action against the CRA, 15 U.S.C. §§ 1681i(a)(2)(A), 1681n-o, but not against the furnisher.”)