White
White v. E-Loan, Inc.
Opinion
Opinion
Illston, J.
ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS
On January 13, 2006, the Court heard argument on defendant E-Loan, Inc.’s motion for partial judgment on the pleadings. Having considered the papers and the arguments of counsel, and for good cause appearing, the Court GRANTS E-Loan’s motion and DISMISSES plaintiffs second, fourth, and sixth causes of action.
BACKGROUND
In early 2005, plaintiff, John S. White, received a standardized written solicitation from defendant, E-Loan, Inc. Compl. at ¶32, Exh. A. The solicitation states that White has been “pre-qualified” to refinance or consolidate his debt, and encourages him to contact E-Loan to see “how much money you could be saving every month.” Compl., Exh. A. On the reverse side, in small print, the solicitation states that White has pre-qualified for a first mortgage refinance loan of “up to $25,000,” but adds that “the availability and amount of your loan depends on the value of your property, your income and other conditions.” Compl., Exh. B.
On May 20, 2005, White filed this suit, a purported class action, claiming that E-Loan’s solicitation violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §…