1:25-cv-00146•FOX v. EXPERIAN INFORMATION SOLUTIONS INC
Gesamter Gesetzestext
Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION CLARENCE T. FOX, JR., Plaintiff, vs. Case No. 1:25cv146-AW-MAF EXPERIAN INFORMATION SOLUTIONS, INC., TRANSUNION CONSUMER SOLUTIONS, LLC, and EQUIFAX INFORMATION SERVICES, LLC, Defendants. _______________________________/ REPORT AND RECOMMENDATION The pro se Plaintiff filed a second amended complaint (“complaint”), ECF No. 7, alleging that the Defendants failed to comply with the Fair Credit Reporting Act (“FCRA”). Service was directed of that pleading, 1 ECF No. 9, and Defendants filed a joint motion to dismiss pursuant to Rule 1 Plaintiff subsequently submitted a supplemental second amended complaint, ECF No. 8, but that pleading was rejected as unauthorized. ECF No. 11. Thus, Defendants’ first motion to dismiss, ECF No. 20, was denied as moot because it addressed the unauthorized pleading. ECF No. 21. It is also worth noting that Plaintiff was granted leave to proceed with in forma pauperis status. ECF No. 4. Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 1 of 15
Page 2 of 15 12(b)(6), ECF No. 25, arguing that Plaintiff’s complaint fails to state a claim under the FCRA. Plaintiff was advised of his obligation to respond, ECF No. 26, and he has filed a brief memorandum in opposition. ECF No. 27. The motion is ready for a ruling. Allegations of the Complaint, ECF No. 7 Plaintiff contends Defendants violated the FCRA “by failing to reasonably investigate or reinvestigate Mr. Fox’s dispute challenging the accuracy of completeness of the information in his credit report,” including an alleged failure “to provide adequate or accurate [sic] to Mr. Fox regarding the outcome of his dispute, failing to utilize reasonable procedures to ensure the accuracy and completes [sic] of the information in Mr. Fox’s credit file.” ECF No. 7 at 2. Plaintiff contends he has been harmed because he “is being viewed by creditors as not being credit worthy.” Id. More specifically, Plaintiff alleged that on or about December 12, 2024, he “filed a dispute and validation request challenging the accuracy of all collections and negative items listed on his credit report to” all three Defendants - Experian, TransUnion, and Equifax. Id. at 4. Plaintiff said Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 2 of 15
Page 3 of 15 that none of the Defendants responded as required by 15 U.S.C. § 1681. ECF No. 7 at 4. Plaintiff’s second request was filed on March 6, 2025, which also requested Defendants “provide methods and documentation used to show accuracy of the collections and native [sic] items listed on his credit report.” Id. Defendants advised that the “collections and negative items listed . . . had been verified and would stay on his credit report.” Id. Thereafter, Plaintiff filed a third dispute and validation letter. Id. at 5. He asserts that each Defendant “had an obligation to conduct a ‘reasonable reinvestigation’ of the disputed information . . . within a certain timeline.” Id. Plaintiff did not allege what happened after filing his third letter, but he says that he sent a “fourth dispute and validation letter” on or about April 16, 2025. Id. at 5. He contends Defendants “failed to file a response as required by the Fair Credit Reporting Act.” Id. Even so, Plaintiff says that after the fourth letter, “Experian and Equifax had removed all hard inquiries from Mr. Fox’s credit report” as well as “some collections and negative items.” Id. at 5. However, he contends that the Experian and Equifax then reasserted the collections and negative items in his credit report. Id. Plaintiff argues that those Defendants failed to implement Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 3 of 15
Page 4 of 15 procedures which would “prevent a new furnisher from reinserting a previously deleted tradeline.” Id. at 6. Plaintiff claims the Defendants have reported inaccurate and derogatory information to third parties. Id. The information includes “accounts with Credit Collection Service, Jefferson Capital System, Leafy Financial LLC, LVNV Funding LLC, National Credit Adjust, and Spring Oaks Capital LLC.” Id. at 6-7. Plaintiff says the “inaccurate information negatively reflects upon” his credit repayment history, his financial responsibility as a debtor, and his “credit worthiness.” Id. at 7. Because of that information, Plaintiff alleges he has “been denied various loans, and extensions of consumer credit on many different occasions, and the inaccurate information that appears on [his] credit report was a substantial factor for those denials.” Id. He also claims to have “suffered actual damages in the form of (a) lost credit opportunities, (b) harm to credit reputation and credit score, and (c) emotional distress.” Id. at 7-8. Arguments in the Motion to Dismiss Defendants filed a joint motion to dismiss Plaintiff’s complaint. ECF No. 25. Defendants point out that Plaintiff “failed to allege what information” from Plaintiff’s credit report was inaccurate, has relied on Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 4 of 15
Page 5 of 15 conclusory assertions of “concrete harm,” and presented only “vague and conclusory state law claims” which are preempted by the FCRA. ECF No. 25 at 2-3. Standard of Review In ruling on a Rule 12(b)(6) motion, the Court must determine whether a complaint alleges “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 1974, 167 L. Ed. 2d 929 (2007). Detailed factual allegations are not required, but Plaintiff must provide “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S. Ct. at 1964-65. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 1949, 173 L. Ed. 2d 868 (2009). A plaintiff must present “‘enough fact[s] to raise a reasonable expectation that discovery will reveal evidence’ of the claim.” Am. Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1289 (11th Cir. 2010) (quoting Twombly, 550 U.S. at 556, 127 S.Ct. 1955). If a Plaintiff has “not nudged” his claims “across the line from conceivable to plausible,” the complaint “must be dismissed.” Am. Dental Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 5 of 15
Page 6 of 15 Ass’n, 605 F.3d at 1289 (quoting 550 U.S. at 570, 127 S.Ct. at 1974). Put another way, the doors of discovery are not unlocked “for a plaintiff armed with nothing more than conclusions.” Ashcroft, 556 U.S. at 678-79, 129 S. Ct. at 1950. Pro se complaints are held to less stringent standards than those drafted by an attorney. Wright v. Newsome, 795 F.2d 964, 967 (11th Cir. 1986) (citing Haines v. Kerner, 404 U.S. 519, 520-521, 92 S. Ct. 594, 596, 30 L. Ed. 2d 652 (1972)). Nevertheless, a complaint must provide sufficient notice of the claim and the grounds upon which it rests so that a “largely groundless claim” does not proceed through discovery and “take up the time of a number of other people . . . .” Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336, 125 S. Ct. 1627, 161 L. Ed. 2d 577 (2005) (quoted in Twombly, 550 U.S. at 558). Analysis “Congress enacted FCRA in 1970 to ensure fair and accurate credit reporting, promote efficiency in the banking system, and protect consumer privacy.” Collins v. Experian Info. Sols., Inc., 775 F.3d 1330, 1333 (11th Cir.), on reh’g sub nom. Collins v. Equable Ascent Fin., LLC, 781 F.3d 1270 (11th Cir. 2015) (quoting Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47, Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 6 of 15
Page 7 of 15 52, 127 S. Ct. 2201, 2205, 167 L. Ed. 2d 1045 (2007)). The FCRA protects “consumers from unfair reporting methods” and simultaneously ensures that the credit system will “retain the accuracy required by the banking system to efficiently allocate credit.” Holden v. Holiday Inn Club Vacations Inc., 98 F.4th 1359, 1366 (11th Cir. 2024) (quoting Milgram v. Chase Bank USA, N.A., 72 F.4th 1212, 1217 (11th Cir. 2023)); see 15 U.S.C. § 1681. “To that end, it imposes various requirements on consumer reporting agencies.” 2 Erickson v. First Advantage Background Servs. Corp., 981 F.3d 1246, 1251 (11th Cir. 2020). “One of those requirements is that consumer reporting agencies ‘follow reasonable procedures’ to ensure ‘maximum possible accuracy’ of information in consumer reports.” Erickson, 981 F.3d at 1251 (citing to 15 U.S.C. § 1681e(b)). “The FCRA creates a private right of action 3 against consumer reporting agencies for the negligent, see 15 U.S.C. § 1681o, or willful, see 15 U.S.C. § 1681n, 2 None of the Defendants have argued that they are not “consumer reporting agencies.” 3 “Consumers have no private right of action against furnishers for reporting inaccurate information to [consumer reporting agencies] regarding consumer accounts.” Holden, 98 F.4th at 1366 (quoting Felts v. Wells Fargo Bank, N.A., 893 F.3d 1305, 1312 (11th Cir. 2018) (citing 15 U.S.C. § 1681s-2(c)(1)). Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 7 of 15
Page 8 of 15 violation of any duty imposed under the statute.” Collins, 775 F.3d at 1333 (citing to Safeco, 551 U.S. at 53, 127 S.Ct. at 2206). “[T]o make out a claim for a violation of § 1681e(b), a plaintiff must show at least two things: that a consumer report was inaccurate and that the inaccurate report caused him to suffer damages.” Erickson, 981 F.3d at 1251 (citation omitted). 4 Defendants argue that Plaintiff’s complaint fails to identify the alleged inaccurate or incorrect information. ECF No. 25 at 6. In response, Plaintiff argues that he “does not need to allege what information FCRA defendants have report incorrectly, Plaintiff’s complaint only needs to show that the Defendants violated the FCRA.” ECF No. 27 at 2. That argument is rejected. Courts within the Eleventh Circuit have agreed that “conclusory allegations” in a pro se litigant’s FCRA complaint “about unspecified ‘inaccurate information’ in [a] consumer credit report is insufficient to state 4 A year later, the Eleventh Circuit said that to state a claim under § 1681e, the plaintiff must show three things - “that the agency's report contained factually inaccurate information, that the procedures it took in preparing and distributing the report weren't “reasonable,” and that damages followed as a result.” Losch v. Nationstar Mortg. LLC, 995 F.3d 937, 944 (11th Cir. 2021) (citations omitted). Whether two elements or three elements are required is immaterial for this recommendation. Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 8 of 15
Page 9 of 15 a claim under 15 U.S.C. § 1681e(b).” 5 Rucker v. Experian, No. 2:24-CV-00222-RWS-JCF, 2024 WL 5397163, at *4 (N.D. Ga. Dec. 2, 2024), report and recommendation adopted, No. 2:24-CV-222-RWS-JCF, 2025 WL 945597 (N.D. Ga. Jan. 13, 2025) (finding plaintiff “failed to allege facts that plausibly show that each Defendant's consumer report contained factually inaccurate or incomplete information, including the specific information that was allegedly inaccurate or incomplete and the facts that support Plaintiff's belief that the information was inaccurate or incomplete”). A complaint fails to state a claim under § 1681e(b) when it “does not identify which items on [a] credit report were inaccurate, describe how they were inaccurate, or even identify how many items on [the] credit report were inaccurate.” Matthews v. Experian Credit Bureau, No. 8:23-CV-2662-KKM-SPF, 2024 WL 3342227, at *3 (M.D. Fla. Apr. 24, 2024); see also Padilla v. Experian Info. Sols., Inc., No. 23-CV-60669, 2023 WL 4014700, at *4 (S.D. Fla. May 12, 2023) (finding the complaint 5 Plaintiff claimed generally that Defendants violated 15 U.S.C. § 1681. ECF No. 7 at 4. It appears that the more specific basis for the first of Plaintiff’s claims is based on an alleged violation of § 1681e(b) which provides: “Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.” 15 U.S.C. § 1681e(b). See ECF No. 7 at 8. Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 9 of 15
Page 10 of 15 insufficient under § 1681e(b) “because Plaintiff fails to factually allege how Plaintiff's credit report is inaccurate and makes solely conclusory allegations as to the unreasonableness of Defendants’ investigative procedures”). Here, Plaintiff’s complaint does not identify any specific false or inaccurate information provided in his credit report. Plaintiff provided only vague and conclusory assertions which are not sufficient to state a claim. Leonard v. F.B.I., 405 F. App’x 386, 387 (11th Cir. 2010) (a “plaintiff's obligation to provide the ‘grounds’ of his ‘entitlement to relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.’ ”) (quoted in Adams v. Experian Info. Sols., Inc., No. 1:23-CV-02522-SDG-JEM, 2023 WL 12015506, at *2 (N.D. Ga. Oct. 23, 2023), report and recommendation adopted, No. 1:23-CV-02522- SDG, 2024 WL 5339291 (N.D. Ga. Mar. 28, 2024) (noting that plaintiff did not “sufficiently allege that either tradeline at issue actually contains any inaccuracy . . . which is an essential element of her claims” under the FCRA). Thus, Plaintiff did nothing more than present conclusory allegations, and those are insufficient to state a viable FCRA claim. Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 10 of 15
Page 11 of 15 Furthermore, a complaint fails to state a claim under § 1681i(3) 6 if the consumer fails to provide the consumer reporting agency with sufficient specificity to identify the inaccurate or incomplete information. See Rucker, 2024 WL 5397163, at *4 (concluding that unspecified discrepancies and inaccuracies were insufficient to state a claim). In other words, the consumer must identify for the agency “what item or items of information are in dispute.” 2024 WL 5397163, at *4. Without such information, an agency’s duty under the FCRA is not triggered and it need not “respond to the letters or “conduct a reasonable reinvestigation of the disputed item(s).” Id. (citing to Barreto v. Equifax Info. Servs. LLC, No. 1:22-CV-04941-VMC- RDC, 2023 WL 4047693, at *3 (N.D. Ga. May 25, 2023), report and recommendation adopted, No. 122CV04941VMCRDC, 2023 WL 4996555 (N.D. Ga. July 19, 2023) (dismissing § 1681e(b) claim because plaintiff did not “identify any purported inaccuracies at all.”). When a complaint is missing “details regarding the nature of the disputes or the alleged 6 Plaintiff’s second claim challenged whether Defendants made a “reasonable reinvestigation” of disputed information under § 1681i. ECF No. 7 at 5. That statute permits a consumer reporting agency to “terminate a reinvestigation of information disputed by a consumer . . . if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.” 15 U.S.C. § 1681i(a)(3)(A). Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 11 of 15
Page 12 of 15 inaccuracies,” it is a “fatal” omission to a plaintiff’s claims. Barreto, 2023 WL 4047693, at *3; see also De Koning v. Trans Union LLC, No. 25-CV-23331, 2026 WL 444957, at *3 (S.D. Fla. Feb. 17, 2026) (“Blanket and conclusory assertions that a report was inaccurate are insufficient to satisfy a plaintiff's burden”). In this case, because Plaintiff’s complaint fails to sufficiently allege facts in support of his FCRA claims, the motion to dismiss should be granted. In light of the Court’s conclusion that Plaintiff’s complaint fails to state a claim, there is no need to address Defendants’ additional argument that Plaintiff’s claims fail because Plaintiff has not alleged a “concrete injury.” ECF No. 25 at 7-8. That argument pertains to damages and remedies, but there is no need to address those issues when the complaint fails to state a claim. Finally, Defendants request that this case be dismissed without providing Plaintiff with another opportunity to file an amended pleading. ECF No. 25 at 8-10. The Court agrees with Defendants that Plaintiff’s complaint is a “shotgun pleading,” that is, the complaint is “replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action.” Weiland v. Palm Beach Cnty. Sheriff's Off., 792 Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 12 of 15
Page 13 of 15 F.3d 1313, 1322 (11th Cir. 2015). It also fails to separate “into a different count each cause of action or claim for relief.” Weiland, 792 F.3d at 1323. 7 Moreover, it asserts “multiple claims against multiple defendants without specifying which of the defendants are responsible for which acts or omissions, or which of the defendants the claim is brought against.” Id. at 1323. In this action, the three separate companies are singularly referenced as “the Defendants,” which fails to comply with the requirements of Federal Rule of Civil Procedure 8(a). Even so, the complaint presented enough information to determine that it fails to state a claim; there is no need to dismiss the complaint as “an impermissible shotgun pleading” as urged by Defendants. ECF No. 25 at 9. However, Defendants also request that Plaintiff not be provided additional opportunities to file an amended pleading. Id. The point is well taken that the pleading served on the Defendants was a “second amended complaint,” ECF No. 7, meaning that Plaintiff was already provided two prior opportunities to file a viable complaint. See ECF Nos. 4, 6. It is also 7 Plaintiff’s complaint included a “count one,” but presented multiple claims within that count. ECF No. 7 at 8. It appears Plaintiff attempted to assert three different violations of the FCRA, none of which provide identification of the “inaccurate information.” Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 13 of 15
Page 14 of 15 true that in responding to Defendants’ motion to dismiss, Plaintiff did not request leave to amend should the Court find the motion to dismiss had merit. Further, it is noteworthy that one of the prior Orders directing Plaintiff to submit an amended complaint pointed out that Plaintiff’s first amended complaint “does not clarify what was false . . . .” ECF No. 6 at 2. Plaintiff was provided another opportunity to “provide facts which identify what information was false and why” in the second amended complaint. Id. at 4. Plaintiff did not comply with that instruction when filing the second amended complaint. The Court has little reason to believe Plaintiff would do so if given another opportunity. Thus, it is recommended that the motion to dismiss be granted and this case be dismissed with prejudice. See Abdulla v. S. Bank, No. 22-12037, 2023 WL 2988135, at *2 (11th Cir. Apr. 18, 2023) (“if a pro se litigant files an amended complaint without substantially fixing the identified deficiencies in the original complaint, dismissal with prejudice may be warranted”) (citing to Jackson v. Bank of Am., N.A., 898 F.3d 1348, 1358–59 (11th Cir. 2018)). Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 14 of 15
Page 15 of 15 RECOMMENDATION It is respectfully RECOMMENDED that the motion to dismiss, ECF No. 25, be GRANTED and Plaintiff’s second amended complaint, ECF No. 7, be DISMISSED with prejudice for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). IN CHAMBERS at Tallahassee, Florida, on March 19, 2026. S/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the Magistrate Judge’s findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party waives the right to challenge on appeal the District Court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case No. 1:25cv146-AW-MAF Case 1:25-cv-00146-AW-MAF Document 28 Filed 03/19/26 Page 15 of 15
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