Campbell v. Conserve Accounts Receivable Management

Filing 6

MEMORANDUM DECISION AND ORDER: The plaintiff's complaint is dismissed for failure to state a claim pursuant to U.S.C. § 1915 (e)(2)(B)(ii). If the plaintiff does not re-plead within 30 days then her claims will be dismissed with prejudice. Ordered by Judge Ann M. Donnelly on 6/8/2016. (Greene, Donna)

FILED
IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT

i, JUNO 8 2016

i,

EASTERN DISTRICT OF NEW YORK
X

BROOKLYN OFFICE

LEASER CAMPBELL,
Plaintiff,
MEMORANDUM DECISION AND

- against
16-CV-02072(AMD)(MDG)
CONSERVE ACCOUNTS RECEIVABLE
MANAGEMENT

Defendant
X

ANN DONNELLY,District Judge.

The pro se plaintiff. Leaser Campbell, alleges that the defendant. Conserve Accounts
Receivable Management, violated the Fair Credit Reporting Act("FCRA")by pulling her

consumer credit reports v^ithout her permission. The plaintiffs request to proceed informa

pauperis was granted on May 6,2016. For the reasons set forth below,I dismiss the complaint
for failure to state a claim upon which relief may be granted.
FACTUAL BACKGROUND

The sole allegation in the plaintiffs complaint is that on four different occasions between
February 25,2014 and June 13,2014, Conserve Accounts Receivable Management("CARM")

pulled her Trans Union consumer credit reports without her permission. (ECF 1, K 2.) The
plaintiff alleges that CARM had no permissible purpose for accessing her credit reports, and that
its noncompliance with the Fair Credit Reporting Act("FCRA"),28 U.S.C. § 1681(b), was both
willful and negligent. {Id.^ 5(a), 8(a).) Based on these allegations, the plaintiff claims $5,000
for actual or statutory damages, plus punitive damages, attorney's fees, and costs.

s/Ann M. Donnelly