Hernandez-Diaz v. Equifax Information Services, LLC

Background

Luis Hernandez-Diaz sued Equifax Information Services, LLC, alleging violations of six provisions of the Fair Credit Reporting Act: 15 U.S.C. §§ 1681c(a), 1681c-1, 1681c-2, 1681e(b), 1681g, and 1681i. Equifax removed the case from Minnesota state court to federal court and moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), which permits dismissal when a complaint does not state a legally sufficient claim for relief.

Hernandez-Diaz alleged that Equifax issued consumer reports about him containing false or inaccurate information. He said potential lenders reviewed those reports, limiting his access to credit. He also alleged that he notified Equifax of the inaccuracies by certified mail on June 22, 2021, November 17, 2021, and March 23, 2022; that Equifax did not respond; and that Equifax did not delete the disputed information. He claimed emotional distress and other harms.

Hernandez-Diaz did not respond to Equifax’s motion to dismiss and did not communicate further with the court.

Court’s analysis

The court stated that it interprets a failure to respond to a motion to dismiss as a waiver and voluntary dismissal of the claims. On that basis, the court said it must dismiss the complaint under Rule 12(b)(6). For completeness, it also considered the motion on the substance of the allegations.

The court explained that claims under §§ 1681e(b) and 1681i require allegations identifying inaccurate information in a consumer report. Section 1681e(b) requires consumer reporting agencies to use reasonable procedures to ensure maximum possible accuracy. Section 1681i requires a reasonable reinvestigation when a consumer disputes information. The court found that Hernandez-Diaz alleged only generally that his reports contained false and inaccurate information. He did not identify what information was inaccurate, which reports contained it, or provide additional information about the alleged debt he disputed. The court concluded that these general allegations were legal conclusions rather than sufficient facts.

The court also found insufficient factual support for Hernandez-Diaz’s claims under §§ 1681c(a), 1681c-1, 1681c-2, and 1681g. Those provisions concern obsolete information, fraud-alert notices, blocking accounts after suspected fraud, and disclosure of consumer-report contents upon request. The court found no facts suggesting that the report contained obsolete information, that fraud was involved, or that Hernandez-Diaz requested the contents of a consumer report.

Disposition

The court granted Equifax’s Motion to Dismiss, Docket No. 8. The case was dismissed without prejudice.