Meyer

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

In this Fair Credit Reporting Act (“FCRA”) case, Plaintiffs Harold and Phyllis Meyer bring suit against Defendant National Tenant Network, Inc. following the revelation of an inaccurate consumer report that informed Plaintiffs’ prospective employer and landlord that Plaintiff Harold Meyer was a violent sex offender. Now pending before the Court is Defendant’s motion to dismiss Plaintiffs’ First Amended Complaint (“FAC”). (Dkt. No. 21.) After carefully considering the parties’ submissions, and having had the benefit of oral argument on January 16, 2014, the motion is GRANTED in part and DENIED in part.

ALLEGATIONS OF THE FIRST AMENDED COMPLAINT

In September 2012, Plaintiffs sought to work, and live, at Shorewood RV Park (“Shorewood”). Plaintiffs were subsequently hired as assistant resident managers, pending a background check. Shorewood purchased consumer reports concerning Plaintiffs from Defendant, which “were at least in part for employment purposes.” (Dkt. No. 18 ¶ 30.)

Plaintiff Harold Meyer’s consumer report inaccurately reported three criminal sex offense records, which were listed as: “VIOLENT SEX…