Peasley

Peasley v. VERIZON WIRELESS (VAW) LLC

Good Law
364 F. Supp. 2d 1198·2005 WL 831102·2005 U.S. Dist. LEXIS 10896
United States District Court, Southern District of CaliforniaApril 4, 200504CV533RAJBCalifornia1,152 words

Opinion

Opinion

Rhoades, J.

ORDER GRANTING MOTION TO DISMISS; DISMISSING ACTION

I. Introduction

This is an action for violation of 15 U.S.C. § 1681s-2(b) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Defendant Verizon Wireless (‘Verizon”) has filed a motion to dismiss for failure to state a claim upon which relief can be granted. For the reasons set forth below, the motion is granted.

II. Background

Plaintiff Michael Peasley (“plaintiff’) alleges that Verizon falsely reported to credit bureaus that he had incurred a $3,405 bill with Verizon that he had not paid. Plaintiff contacted Verizon in an attempt to resolve this matter, to no avail. Plaintiff seeks to hold Verizon liable for violating 15 U.S.C. § 1681s-2(b).

III. Analysis

15 U.S.C. § 1681s-2(b) provides that “[affter receiving notice pursuant to section 1681i(a)(2) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency,” the furnisher of information to a consumer reporting agency shall follow certain procedures established to ensure that accurate information is being provided, (emphasis added). 15 U.S.C. § 1681i(a)(2) provides that “[b]efore the…

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