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Roller v. Red Payments LLC

State Law Claims Dismissed; Bid for Declaration Party Not Bound by Nonbinding Pact Stands

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MEMORANDUM & ORDER Plaintiffs Brian Roller (“Roller”) and Kalos Street, L.L.C. (“Kalos Street”) (collectively, “Plaintiffs”) bring this putative class action against Defendant Red Payments L.L.C. (“Red Payments” or “Defendant”).1 Plaintiffs seek declaratory relief under the Declaratory Judgment Act and assert federal claims pursuant to the Fair Credit Reporting Act (“FCRA”) and Electronic Funds Transfer Act (“EFTA”), as well as state law claims for unjust enrichment, conversion, and fraud. Before the Court is Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, Defendant’s motion is GRANTED IN PART and DENIED IN PART. FACTUAL & PROCEDURAL BACKGROUND The factual background, as alleged in Plaintiffs’ Amended Complaint (“FAC”), DE 65, along with the exhibits attached thereto, is as follows: This action concerns certain payment processing accounts that Red Payments opened in the name of Kalos Street, which is wholly owned by Roller. DE 65

40-44; DE 65-1. Plaintiffs contracted with Red Payments in order to obtain point-of-sale (“POS”) equipment for processing credit or debit card payments, as well as for payment processing and related services connected to the use of this POS equipment. DE 65

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