Opinion
Civil Action No. 19-3052 (UNA)
11-14-2019
Ameer Flippin, Plaintiff, v. Chex Systems, Inc. et al., Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff, appearing pro se, has moved to proceed in forma pauperis in this action styled "Complaint for Negligent Noncompliance and Willful Violation of Disclosure Requirements Under the Fair Credit Reporting Act ["FCRA"], Title 15, USC, §§ 1681, and Federal Rules of Civil Procedure 8(a) Filed by Ameer Flippin." In addition to naming defendant Chex Systems, Inc., which is a consumer reporting agency as defined by the Act, see www.chexsystems. com., plaintiff has named the District of Columbia, D.C. Mayor Muriel Bower in her official and individual capacities, the D.C. Board of Elections & Ethics, and the D.C. Office of Campaign Finance ("governmental defendants").
The statute governing in forma pauperis proceedings requires that the Court screen and dismiss "the case at any time" it determines that the action fails to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B). Such applies to plaintiff's complaint against the governmental defendants because, as explained below, the complaint does not "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
The FCRA was enacted in 1970 "to ensure fair and accurate credit reporting, promote efficiency in the banking system, and protect consumer privacy." Abdelfattah v. U.S. Dep't of Homeland Sec., 787 F.3d 524, 543 (D.C. Cir. 2015) (quoting Safeco Ins. Co. of America v. Burr, 551 U.S. 47 (2007)). To that end, it "prohibits consumer reporting agencies from 'furnish[ing] a consumer report' except under specified conditions, and it forbids any person from 'us[ing] or obtaining' a consumer report unless it is obtained for certain permissible purposes identified in the statute." Id. (quoting 15 U.S.C. § 1681b(a),(f)) (alterations in original)). The FCRA "provides a private cause of action against '[a]ny person' who willfully or negligently fails to comply with its requirements." Abdelfattah, 787 F.3d at 543-44. The definition of person includes a "government or governmental subdivision or agency," 15 U.S.C. § 1681a(b), which has certain obligations with regard to obtaining or using information "about a consumer from a credit reporting agency." Abdelfattah, 787 F.3d at 543; see id. (noting that "a governmental agency may obtain basic identifying information about a consumer from a credit reporting agency," but "it must generally seek a court order or subpoena" to obtain "more detailed information").
Plaintiff alleges, without specifying when or how, that each governmental defendant is "believed to have created a bogus credit report identity profile similar to the name Ameer Flippin to create credit worthiness, credit standings, and other credit information as a consumer to third parties." Compl. ¶¶ 3-7. That allegation, to the extent intelligible, simply fails to state a claim against the governmental defendants.
Accordingly, it is
ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Dkt. # 2] is GRANTED; it is further
ORDERED that pursuant to 28 U.S.C. § 1915(e)(2)(B), the complaint against the District of Columbia, Mayor Muriel Bowser, the D.C. Board of Elections & Ethics, and the D.C. Office of Campaign Finance is DISMISSED; and it is further
ORDERED that pursuant to LCvR 40.5(a)(3), the Deputy Clerk shall assign the remainder of this case to Chief Judge Beryl A. Howell as related to Flippin v. U.S. Dep't of Interior, No. 19-cv-01221 (BAH). Date: November 14, 2019
/s/_________
United States District Judge