Roybal

Roybal v. Equifax

Good Law
405 F. Supp. 2d 1177·2005 WL 3536115·2005 U.S. Dist. LEXIS 24302
United States District Court, Eastern District of CaliforniaOctober 19, 2005CIV S 05-1207MCEKLMCalifornia1,916 words

Opinion

Opinion

England, J.

MEMORANDUM AND ORDER

Through the present action, Plaintiffs Daniel and Vida Roybal (“Plaintiffs”) allege that Equifax, Transunion, Experian, Rickenbacker, Medamerica, City Towing Body Shop, Inc. and Sears (collectively, “Defendants”) violated both state and federal consumer protection laws by furnishing and reporting erroneous credit information on Plaintiffs’ credit report.

Defendant Rickenbacker (“Rickenbacker”) now moves to dismiss Plaintiffs’ State and Federal Claims pursuant to Federal Rule of Civil Procedure 12(b)(6) on the ground that Plaintiffs have failed to state a claim upon which relief can be granted. For the reasons set for more fully below, Rickenbacker’s motion to dismiss Plaintiffs’ State and Federal Claims is granted.

BACKGROUND

Plaintiffs are consumers that discovered, in or around December 2003, their credit report contained grossly inaccurate credit information. Plaintiffs contend that they repeatedly contacted both the credit reporting agencies (“CRAs”) as well as the furnishers of the credit information to alert them to the erroneous entries. Plaintiffs allege that neither the CRAs nor the furnishers of the credit information offered them any relief.

On…

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