Weyer v. Bank of America Corporation

Filing 15

ORDER granting 7 Motion to Dismiss for Failure to State a Claim, dismissing the Plaintiff's Fair Credit Reporting Act (FCRA) claim with prejudice and dismissing without prejudice the Plaintiff's South Carolina Unfair Trade Practices (SCUTPA) claim and claims for negligence and libel/slander. Signed by Honorable Joseph F Anderson, Jr on 08/05/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
William Warren Weyer,
Plaintiff,
vs.
Bank of America Corporation,
Defendant.

)
)
)
)
)
)
)
)
)
)

C/A No.: 3:13-cv-1469-JFA

ORDER

This matter comes before the court on Defendant Bank of America Corporation’s Motion
to Dismiss for Failure to State a Claim. ECF No. 7. After reviewing the parties’ briefs and
considering the arguments made at the hearing held on July 31, 2013, this court hereby dismisses
Plaintiff’s Complaint in its entirety. At the hearing, Plaintiff admitted that he had not met the
requirements to trigger his Fair Credit Reporting Act (FCRA) claim, and he further admitted that
his South Carolina Unfair Trade Practices (SCUTPA) claim was preempted by the FCRA. The
court hereby dismisses the FCRA claim without prejudice and dismisses the SCUTPA claim
with prejudice. As to Plaintiff’s negligence and libel/slander claims, the court finds those claims
to be preempted by the FCRA. Accordingly, the court dismisses those claims with prejudice
also.
IT IS SO ORDERED.

August 5, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge