Parker v. Trans Union: Credit Report Lawsuit

In Parker v Trans Union, LLC, 2010 U.S. Dist. LEXIS 72463 (E.D. Tex. June 23, 2010), Plaintiff filed a lawsuit against Trans Union seeking injunctive relief under the FCRA. Plaintiff asked the court to order Trans Union to correct an alleged inaccuracy on his consumer report. Trans Union filed a Motion to Dismiss under Fed. R. Civ. P. 12(b)(6).

The court held private litigants are limited to the remedies set out in 15 U.S.C. §§ 1681n and 1681o when there is a FCRA violation. Because neither section includes injunctive or declaratory relief as a remedy, the court held the FCRA does not authorize declaratory or injunctive relief for a private litigant. The court held Plaintiff’s claim for injunctive relief against Trans Union was dismissed. 

Injunctive Relief

Injunctive relief is a type of equitable remedy granted when there is an inadequate legal remedy, property right, feasibility for the court to enforce, after balancing the hardships in a Plaintiff’s favor, and when there are no defenses for the Defendant.

Damages

Legal (monetary) damages are inadequate (no remedy at law or legal remedy not as good as equitable remedy) when damages are speculative, Defendant is insolvent, multiple suits are necessary, or the thing bargained for is unique.

In a civil proceeding, the court enforces an injunction by coercing the Defendant to comply with the court decree, not by penalizing the Defendant.  The Defendant can collaterally attack validity of underlying decree.

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