ST. LOUIS — U.S. District Judge Charles A. Shaw has dismissed claims against a credit information provider in a lawsuit claiming the plaintiff was prevented from obtaining financing, suffered emotional distress and incurred attorney's fees due to alleged violations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA).
According to the Jan. 17 ruling, plaintiff Jacob Kaestner sued nine defendants last year in Jefferson County Circuit Court, with the case later being removed to federal court in the Eastern District of Missouri.
Shaw granted a motion to dismiss brought by Diversified Consultants Inc. (DCI), identified in the ruling as a credit information furnisher.
Kaestner's suit claimed that in fall 2016, he noticed that credit information furnishers were “reporting inaccurate, negative and derogatory information about” him to credit-reporting agencies such as Equifax Information Services LLC, Experian Information Solutions Inc. and TransUnion LLC.
Kaestner alleged DCI reported incorrect payment history, outstanding and delinquent balance, dates, status, amount owed and past due amounts.
In response, DCI argued that Kaestner failed to allege facts to indicate which account he was referring to in relation to DCI or what was inaccurate about the reported information.
"Plaintiff’s petition is devoid of necessary factual content to flesh out its recitation of the elements of the cause of action, such as the specific debt DCI reported on and information as to how DCI’s reporting was inaccurate," Shaw wrote. "Plaintiff also fails to allege what information DCI reported to which of the CRAs, and how that information was false or derogatory. The petition’s factual allegations are too threadbare and conclusory to allow the Court to draw the reasonable inference that DCI’s actions violated any provision of the FDCPA."
The ruling indicates Kaestner has dismissed claims against defendants Credit One Bank and American Express Centurion Bank, Inc. and has filed notices of settlement with defendants Equifax and Citibank North America.