Campbell v. Conserve Accounts Receivable Management

Filing 9

MEMORANDUM DECISION AND ORDER: Plaintiff's amended complaint is dismissed with prejudice. Ordered by Judge Ann M. Donnelly on 8/24/2016. (Greene, Donna)

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

UNITED STATES DISTRICT COURT

^ AUG 2 ^ 2016

tJt

EASTERN DISTRICT OF NEW YORK

X

BROOKLYN OFFICE

LEASER CAMPBELL,
NOT FOR PUBLICATION

Plaintiff,
MEMORANDUM DECISION AND

against

ORDER

CONSERVE ACCOUNTS RECEIVABLE

16-CV-02072(AMD)(MDG)

MANAGEMENT
Defendant
X

ANN DONNELLY,District Judge.

The pro se plaintiff, Leaser Campbell, filed a complaint on May 2,2016 alleging that
Conserve Accounts Receivable Management violated the Fair Credit Reporting Act("FCRA")
by pulling her consumer credit reports without her permission. The plaintiff was granted in
formapauperis status on May 6, 2016. On June 8, 2016, the Court sua sponte dismissed the
plaintiffs complaint pursuant to 28 U.S.C. § 1915(e)(2), finding that the plaintiff had not

adequately pled either of the elements of a claim under section 1681(b) ofthe FCRA. (ECF 6.)
Specifically, the Court found that the plaintiff had not adequately alleged that the defendant had
pulled her credit report for an impermissible purpose, or that the defendant did so with the

requisite state of mind, and dismissed the complaint without prejudice. The Court gave the
plaintiff 30 days to amend her complaint to address these deficiencies, noting that "[i]f the
plaintiff chooses to re-plead, conclusory allegations that the defendant pulled her credit report for

an impermissible purpose, and that its conduct was willful or negligent, will not suffice; rather.

s/Ann M. Donnelly