Errick M. Wright v. Experian Information Solutions, Inc., et al.

Summary

The United States District Court for the District of Delaware dismissed with prejudice Errick M. Wright’s Fair Credit Reporting Act claims against Early Warning Services, LLC. The court held that the second amended complaint did not sufficiently allege injury, causation, or failure to follow reasonable procedures under 15 U.S.C. § 1681e(b), and found that further amendment would be futile.

Holdings

1. The second amended complaint failed to state a claim under 15 U.S.C. § 1681e(b) because it did not plausibly allege sufficient facts showing inaccurate information, failure to follow reasonable procedures, injury, and causation; in particular, the complaint did not adequately show injury, causation, or a failure to follow reasonable procedures.
2. Dismissal with prejudice was warranted because amendment appeared futile after Wright had multiple opportunities to amend and still failed to state a claim against Early Warning Services.
3. The motion for an extension of time was denied as moot because the court granted Early Warning Services's motion to dismiss.

Questions Presented

1. Whether the second amended complaint plausibly alleged that Early Warning Services violated 15 U.S.C. § 1681e(b) by including inaccurate information in Wright's consumer report.
2. Whether the second amended complaint plausibly alleged injury, causation, and failure to follow reasonable procedures.
3. Whether amendment should be permitted or would be futile after Wright had multiple opportunities to amend.
4. Whether Early Warning Services's motion for an extension of time to file a dispositive motion should be granted if its motion to dismiss were denied.

Disposition

dismissed