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Martin v. Equifax Information Services, LLC et al

Docket 4:19-cv-03691, Texas Southern District Court (Sept. 27, 2019)
Judge Keith P Ellison, presiding
Consumer Credit
DivisionHouston
Cause15:1681 Fair Credit Reporting Act
Case Type480 Consumer Credit
Tags480 Consumer Credit, 480 Consumer Credit
Plaintiff Ocie Martin
Defendant Equifax Information Services, LLC
Defendant Ginny's Inc.
...
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No. 28 MEMORANDUM AND ORDER granting Defendant's motion to dismiss

Document Martin v. Equifax Information Services, LLC et al, 4:19-cv-03691, No. 28 (S.D.Tex. Apr. 17, 2020)
Motion to Dismiss (Demurrer)Granted
Although Plaintiff still owes the balance of her debt to Defendant, because the account was charged off, she is no longer required to pay according to the original terms of the contract.
Plaintiff filed suit on September 27, 2019, alleging willful and negligent violations of the Fair Credit Reporting Act (FCRA).
To survive a Rule 12(b)(6) motion to dismiss, a complaint must contain sufficient factual matter to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.
Well-pleaded factual allegations in the complaint must be accepted as true and must be viewed “in the light most favorable to the plaintiff[].” Dorsey v. Portfolio Equities, Inc., 540 F.3d 333, 338 (5th Cir. 2008).
Courts do not accept as true “conclusory allegations, unwarranted factual inferences, or legal conclusions.” In re Great Lakes Dredge & Dock Co. LLC, 624 F.3d 201, 210 (5th Cir. 2010) (quoting Ferrer v. Chevron Corp., 484 F.3d 776, 780 (5th Cir. 2007)).
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