In Banks v. ACS Educ., 2016 WL 25464, at *2 (C.A.9 (Cal.),2016), the Court of Appeals for the 9th Circuit dismissed the panoply of claims filed by a student loan borrower, including stating that FCRA did not provide the predicate act under RICO. Applicable here, the Court of Appeals also said that the Plaintiff failed to state a FCRA claim because he could not demonstrate an inaccuracy in his credit report.
To state a claim under the FCRA, Banks was required, at a minimum, to allege factual content showing an inaccuracy in his credit report and that he communicated his disputes to the credit reporting agencies (“CRAs”). Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1154, 1162 (9th Cir.2009). Although Banks alleges sufficient facts to demonstrate he informed the CRAs that he disputed information reported by defendants ACS Education Services and ACS College Loan Corporation, Banks failed to sufficiently allege that the reported information is inaccurate. See Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876, 890–91 (9th Cir.2010). With regard to the remaining defendants, Banks failed to allege that he notified the CRAs of any dispute regarding information furnished by those entities. See Gorman, 584 F.3d at 1162.