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Zlotnick v. Equifax Info. Servs. LLC

FCRA Breach Claimant Lacks Standing; Inaccurate Information to Creditors Not Alleged

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ORDER Plaintiff Yechiel Zlotnick commenced this action against defendants Equifax Information Services, LLC (“Equifax”), Capital One Bank (USA), N.A., (“Capital One”), American Express National Bank (“Amex”), JPMorgan Chase Bank, N.A., (“Chase”) and Rocket Loans, LLC (“Rocket”) under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681, et seq. On December 30, 2021, the Court issued a show cause order directing the plaintiff to demonstrate a concrete, particularized injury or provide factual material or authority in its absence. Having reviewed the submissions of the parties, the Court finds that plaintiff does not plausibly allege that he suffered a concrete or imminent injury in fact, and as such does not have Article III standing to pursue his claims in this Court. Background In his complaint, plaintiff alleges that defendants violated the FCRA when Capital One, Amex, Chase and Rocket (the “furnishers”) provided inaccurate information related to several of his accounts to Equifax, a consumer reporting agency, which inaccurately reported those accounts as “charged off” rather than closed. See generally DE 1. Based on those alleged inaccuracies, plaintiff contends (1) that the furnishers willfully and negligently failed to properly investigate the accuracy of the information they reported to Equifax, in violation of 15 U.S.C. §1681s-2; and (2) that Equifax failed to “follow reasonable procedures to assure the maximum possible accuracy of the information reported” and failed to “delete inaccurate information from [his] credit file” after receiving notice of such inaccuracies, in violation of 15 U.S.C. §§1681e and 1681i. DE 1 at

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