Dunford

ORDER RE MOTION FOR SUMMARY JUDGMENT AND ORDER DENYING CLASS CERTIFICATION

INTRODUCTION

In.this putative class action involving the Fair Credit Reporting Act, plaintiff moves to certify two classes under Rule 23(b)(3) seeking statutory penalties for willful violations. Defendant moves for summary judgment. For the reasons stated herein, ■ no classes are certified. Summary judgment is denied.

STATEMENT

The essence of the case is that our named plaintiff Astrailia Dunford applied for a nursing program at a local community college. The program required an unpaid clinical internship in order to earn a degree. Ms. Dunford ordered and paid for a background report, as required by the school, prepared by defendant American DataBank, LLC. She received and read the report and forwarded it to the community college to share with hospitals participating in the clinical internships. Although American DataBank never directly sent the report to the college or the clinics, it knew its report would be used for evaluating admission to clinical internships. American DataBank’s report accurately disclosed her criminal history, including seven convictions (one felony) and, apropos of this lawsuit,…