Skiles

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WAYNE SKILES, Case No. 17-cv-05434-WHO

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS

TESLA, INC., et al., Re: Dkt. No. 117, 118 Defendants.

Defendants Tesla, Inc. (“Tesla”) and Experian Marketing Services, Inc. (“Experian”) move to dismiss plaintiff Wayne Skiles’s Second Amended Complaint (“SAC”). Skiles alleges that Tesla violated the Fair Credit Reporting Act (“FCRA”) when Experian provided Tesla with a “Mosaic score,” a marketing report based upon aggregate data, at the time that Skiles visited Tesla’s showroom. There are many problems with Skiles’s theory of the case. Most importantly, Skiles fails to allege that the Experian’s “Mosaic score” is a “consumer report” under the definition set forth in the FCRA. He also fails to state that Experian is a “consumer reporting agency” under the statute or that the defendants acted willfully. For these reasons, the defendants’ motions to dismiss are GRANTED, and…