S. Steinmetz v. Exxonmobil Oil Corporation

MEMORANDUM

S. David Steinmetz appeals pro se from the district court’s judgment dismissing his action alleging, among other claims, violations of the Fair Debt Collection Practices Acts (“FDCPA”), the Fair Credit Reporting Act (“FCRA”), and California law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005), and summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment for ExxonMobil Oil Corporation on the FCRA claim because, contrary to Steinmetz’s contention otherwise, whether a defendant is a “furnisher of credit information” is not a moot point. Only “furnishers” can be held liable under 15 U.S.C. § 1681s-2(b), see Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1153-54 (9th Cir.2009), and Steinmetz failed to dispute ExxonMobil’s evidence that it was not a furnisher of credit information.

The district court properly dismissed Steinmetz’s FCRA claims as to Citibank (South Dakota), N.A. and GE Money Bank, F.S.B. because Steinmetz failed sufficiently to allege in his third…