MEMORANDUM & ORDER Scott Grauman commenced this action against Equifax Information Services, LLC and VantageScore Solutions, LLC on July 15, 2020, bringing a claim for violation of 15 U.S.C. §1681e(b) of the Fair Credit Reporting Act (“FCRA”) on behalf of himself and a putative class of similarly situated plaintiffs. Defendants move to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons set forth below, the motion is granted, and the case is dismissed for lack of subject matter jurisdiction. Background1 For virtually all the world, the COVID-19 pandemic is a painfully fresh nightmare or a curse still lived daily. Unquestionably, the sudden onset of the pandemic caused global devastation for every human endeavor, including alarming mortality rates, supply shortages and economic crises. In the United States alone, in a year’s time, the death toll stood over 600,000 and, in even less time, unemployment grew from 6.2 million to 20.5 million in a matter of months. Am. Compl., Dkt. 40, 3. As a form of emergency relief, many mortgage lenders and creditors offered homeowners forbearance, deferral or suspension of their loan payments. Id. 4. Non-party Wells Fargo was one of the lenders to provide such accommodations to its customers. Id. 16. In some instances, without the borrowers’ knowledge or consent, it unilaterally suspended payments on non-delinquent mortgages or placed into forbearance the accounts of customers who contacted the lender regarding any sort of COVID-related hardship. Id. 17. In all, Wells Fargo provided more than 964,000 mortgagors with a three-month payment suspension, during which it promised to not charge late fees or report additional missed payments to the credit bureaus. Id. 16. Grauman is a Wells Fargo customer whose mortgage payments were suspended from April 15 to July 1, 2020. Id. 9. He does not specify whether he requested relief or was granted it unilaterally. As with others, Wells Fargo promised to not charge Grauman late fees or report further missed payments to the credit bureaus. Id.
9, 16. Despite the suspension, Grauman continued to make his monthly mortgage payments on time. Id. 9. On June 6, 2020, he obtained his credit report from Equifax, one of the major consumer reporting agencies. Id.
