To that end, the Act imposes several obligations on [credit reporting agencies (“CRAs”)] and authorizes consumers to bring a private cause of action in response to negligent or willful violations.” Hammer v. Equifax Info. Sevs., L.L.C., 974 F.3d 564, 567 (5th Cir. 2020) (quoting St. Paul Guardian Ins. Co. v. Johnson, 884 F.2d 881, 883 (5th Cir. 1989); citing 15 U.S.C. § 1681(b)); see also Donna v. Countrywide Mortg., No. 14-cv-03515-CBS, 2015 WL 9456325, at *5 (D. Colo. Dec. 28, 2015) (“The FCRA was enacted “to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit ... in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information.'” (quoting Section 1681(b))).
Indeed, “subsection (c) eliminates remedies to consumers for violations of subsection (a), and subsection (d) provides that the duties imposed under subsection (a) can be enforced only by government agencies and officials.” Donna v. Countrywide Mortg., No. 14-cv-03515-CBS, 2015 WL 9456325, at *5 (D. Colo. Dec. 28, 2015) (quotation omitted).
,' Congress enacted the FCRA to ensure fair and accurate credit reporting that protects consumers while meeting the needs of commerce.” Hammer v. Equifax Info. Sevs., L.L.C., 974 F.3d 564, 567 (5th Cir. 2020) (quoting St. Paul Guardian Ins. Co. v. Johnson, 884 F.2d 881, 883 (5th Cir. 1989); citing 15 U.S.C. § 1681(b)); see also Donna v. Countrywide Mortg., No. 14-cv-03515-CBS, 2015 WL 9456325, at *5 (D. Colo. Dec. 28, 2015) (“The FCRA was enacted “to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit ... in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information.'” (quoting Section 1681(b)))
"If all elements of a CCPA claim are not met, the claim fails as a matter of law." Donna v. Countrywide Mortg., No. 14-CV-03515-CBS, 2015 WL 9456325, at *3 (D. Colo. Dec. 28, 2015) (citations omitted).
“Concerned by ‘abuses in the credit reporting industry,' Congress enacted the FCRA to ensure fair and accurate credit reporting that protects consumers while meeting the needs of commerce.” Hammer v. Equifax Info. Sevs., L.L.C., 974 F.3d 564, 567 (5th Cir. 2020) (quoting St. Paul Guardian Ins. Co. v. Johnson, 884 F.2d 881, 883 (5th Cir. 1989); citing 15 U.S.C. § 1681(b)); see also Donna v. Countrywide Mortg., No. 14-cv-03515-CBS, 2015 WL 9456325, at *5 (D. Colo. Dec. 28, 2015) (“The FCRA was enacted “to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit ... in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information.'” (quoting Section 1681(b))).
“Concerned by ‘abuses in the credit reporting industry,' Congress enacted the FCRA to ensure fair and accurate credit reporting that protects consumers while meeting the needs of commerce.” Hammer v. Equifax Info. Sevs., L.L.C., 974 F.3d 564, 567 (5th Cir. 2020) (quoting St. Paul Guardian Ins. Co. v. Johnson, 884 F.2d 881, 883 (5th Cir. 1989); citing 15 U.S.C. § 1681(b)); see also Donna v. Countrywide Mortg., No. 14-cv-03515-CBS, 2015 WL 9456325, at *5 (D. Colo. Dec. 28, 2015) (“The FCRA was enacted “to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit ... in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information.'” (quoting Section 1681(b))).
Under Colorado law, “[t]he elements of a negligence claim consist of the existence of a legal duty by the defendant to the plaintiff, breach of that duty by the defendant, injury to the plaintiff, and a sufficient causal relationship between the defendant's breach and the plaintiff's injuries.” Donna v. Countrywide Mortg., No. 14-cv-03515-CBS, 2015 WL 9456325, at *6 (D. Colo. Dec. 28, 2015) (quoting Connes v. Molalla Transp. Sys., Inc., 831 P.2d 1316, 1320 (Colo. 1992)). “The initial question in any negligence action, therefore, is whether the defendant owed a legal duty to protect the plaintiff against injury.”
Plaintiff's "claim fails because ‘Colorado does not recognize a claim for damages based on wrongful foreclosure.’ " Donna v. Countrywide Mortg. , No. 14-cv-03515-CBS, 2015 WL 9456325, at *7 (D. Colo. Dec. 28, 2015) (quoting Schwartz v. Bank of Am., N.A. , No. 10-CV-01225-WYD-MJW, 2011 WL 1135001, at *4 (D. Colo. Mar. 28, 2011) ); Knowles v. Bank of Am., N.A. , No. 12-cv-00621-RBJ, 2012 WL 5882570, at *2 (D. Colo. Nov. 21, 2012). Although Plaintiff proceeds pro se in this case, I will not supply additional facts or construct a legal theory on his behalf.