Robinson v. Pennsylvania Higher Education Assistance Agency et al
Filing
66
MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 4/3/2017. (aos, Deputy Clerk)
IN TilE UNITED STATES I)JSTRICT COURT
FOR HIE I)JSTRICT OF MARYLAND
SOllt"erll Di"isioll
ANTIIONY
IWHINSON,
II:
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Plaintiff,
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Case No.: G,JII-IS-1I1179
\'.
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PENNSYLVANIA HIGHER
EDUCATION ASSISTANO:
AGENCY, l'f al.•
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Defl'lHlants.
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MEMORANDUM
Plaintiff Anthony Rohinson ("Plaintiff'
Pennsylvania
Iligher Education Assistance
Department
of Education ("USDE").
In!llrlnation
Solutions.
U.s.e.
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*
*
*
OPINION
or "Rohinson")
hrings suit against Defendants
Agency d/h/a Fed Loan Servicing. the United States
Equifax in!lmnation
Services. LLe. and Experian
Ine,,1 alleging claims under the Fair Credit Reporting Act (FCRA).
~ 16XI el self .. and common la\\' dclamation.
Dismiss !llr Lack ofJurisdietion
15
Defendant US DE has tiled a Motion to
under Fed. R. Civ. 1'. 12(h)( I). lOCI' No. 41. No hearing is
necessary. See Loc. R. 105.6 (D. Md. 2(16). For the fl)llo\\'ing reasons. Defendant's
Dismiss is granted and USDE is dismissed
I.
*
Motion to
from this action.
BACKGROUND
At the motion to dismiss stage. the Court takes the allegations
Complaint
in Plaintiffs
as true. Some time prior to Novemher 2011. Rohinson "discovered
J\mended
that there \\'ere
Direct Loan student loan accounts being repol1ed to his Experian. Equi!ilx. and Trans Union
I
Ikfe-ndallt Trans Union. LI.C was terminated from suit on September 2. 2015. ECF No . ...f9;ECF No. 50.
ECF No. 3X 'i X. Robinson had not authorizcd
crcdit rcports'"
'i 9.
opcncd in his namc. Id
accounts with Expcrian.
201 I. Robinson bcgan disputing thc Dircct l.oan
Equil~lX. and Trans Union (collectively.
PlaintitTstatcd
10. PlaintilTalso
disputcs to FLS tlH additional
a dcscription
Id
invcstigation.
in support of his disputcs. Id
an Amcnded
'i
'i 12. In April
II.
into thesc
2014. Plaintiff allcgcs that hc
14.
Complaint
in this Court on Junc 3. 2015. EC.T No. 3R. USDE
on Junc 12. 2015. ECF No. 41. Plaintiff liled
to thc Motion to Dismiss. Eel' No. 46. and USDE liled a Rcply. lOCI' No. 4X:'
STANDARD
OF RF:VIEW
.. It is wcll cstablished
that betllrc a federal court can dccidc thc mcrits ofa claim. thc
e1aim must in\"()ke thc jurisdiction
of the court'" AliI/I!!" \'.
2(06). Fcdcral Rule of Civi I Proccdurc
mallcr jurisdiction.
See KholllY
~ According. to Plaintiffs
("PIIEAi\")
is a student
operations
invcstigations
liccnse. a copy of his crcdit rcports. and othcr
tilcd its Motion to Dismiss IlH Lack ofJurisdiction
an Opposition
ofthc CRAs
states that upon inti.lI"Illation and belie!: the CRAs tlll"\vardcd his
providcd a policc report. a copy of his drivcr's
PlaintitTlilcd
In his
Dircct Loan to perfi.mll a crcdit chcck. not to opcn a loan account
in his namc. Id '111. Plaintiffrcqucstcd
disputcs.ld',
'i 10.
that the Direct Loan accounts wcrc .. ti-audulcntiy opcncd in his namc'"
and that hc had only authorizcd
documents
thc "crcdit rcporting agcncics"
as wcll as with FcdLoan Scrvicing and Dircct l.oans dircctly." Id
or "CRAs").
disputes.
In Novcmbcr
a studcnt loan account to bc
Alllcnd~d Complain!.
comrner<.:ially
as AIllCric
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