Somosky v. Consumer Data Industry Association

Background

Melissa Somosky sued Consumer Data Industry Association under Section 2 of the Sherman Act, alleging that student loans discharged in bankruptcy appeared on her credit report. The opinion describes Consumer Data Industry Association as a trade association that promulgates credit-reporting guidelines.

The parties’ requests

Consumer Data Industry Association filed a letter seeking permission to move to dismiss the complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Its letter argued that credit-reporting guidelines were not a proper subject of an antitrust challenge, that Somosky lacked antitrust standing, that she had not identified a plausible relevant market, and that she had not alleged exclusionary conduct.

Somosky responded by requesting permission to amend her complaint to address those arguments more directly. The opinion does not state whether Consumer Data Industry Association consented to the amendment; it states that Somosky did not indicate whether the defendant consented.

Ruling

The court granted Somosky’s request to amend the complaint. It explained that more than 21 days had passed since the complaint was filed, that the defendant had not yet filed a responsive pleading or a Rule 12(b) motion, and that the defendant had not given written consent, so court permission was required. Applying the standard that amendment should generally be allowed when justice requires, the court found that amendment was appropriate at this early stage and would promote efficient handling of the case.

Somosky was ordered to file her amended complaint on or before September 17, 2020. The order did not rule on the defendant’s proposed dismissal arguments or determine the merits of Somosky’s antitrust claim.