Robinson v. Pennsylvania Higher Education Assistance Agency et al
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
Case No.: G,JII-IS-1I1179
AGENCY, l'f al.•
Plaintiff Anthony Rohinson ("Plaintiff'
Iligher Education Assistance
of Education ("USDE").
hrings suit against Defendants
Agency d/h/a Fed Loan Servicing. the United States
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
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
from this action.
At the motion to dismiss stage. the Court takes the allegations
as true. Some time prior to Novemher 2011. Rohinson "discovered
that there \\'ere
Direct Loan student loan accounts being repol1ed to his Experian. Equi!ilx. and Trans Union
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
opcncd in his namc. Id
accounts with Expcrian.
201 I. Robinson bcgan disputing thc Dircct l.oan
Equil~lX. and Trans Union (collectively.
disputcs to FLS tlH additional
in support of his disputcs. Id
'i 12. In April
2014. Plaintiff allcgcs that hc
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:'
.. 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
~ According. to Plaintiffs
is a student
liccnse. a copy of his crcdit rcports. and othcr
tilcd its Motion to Dismiss IlH Lack ofJurisdiction
states that upon inti.lI"Illation and belie!: the CRAs tlll"\vardcd his
providcd a policc report. a copy of his drivcr's
Dircct Loan to perfi.mll a crcdit chcck. not to opcn a loan account
in his namc. Id '111. Plaintiffrcqucstcd
that the Direct Loan accounts wcrc .. ti-audulcntiy opcncd in his namc'"
and that hc had only authorizcd
thc "crcdit rcporting agcncics"
as wcll as with FcdLoan Scrvicing and Dircct l.oans dircctly." Id
a studcnt loan account to bc
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