In Wright v. Specialized Loan Servicing, LLC, 2015 WL 859604 (E.D.Cal. 2015), Judge Thurston held that an FCRA plaintiff must plead that the furnisher actually received the dispute from the CRA in order to state a claim under FCRA.
Here, Plaintiff alleges that Defendant is a furnisher under the FCRA, and that Defendant “failed to conduct a proper and lawful investigation” related to her credit. (Doc. 1 at 6.) However, Plaintiff fails to allege that any credit reporting agency notified Defendant of the disputed credit. Without such notice from a credit reporting agency—not Plaintiff—no duty to investigate was triggered under the FRCA. See 15 U.S.C. § 1681s2(b); Ewing v. Wells Fargo Bank, 2012 WL 4514055 at *4 (D.Ariz. Oct. 2, 2012) (dismissing a plaintiff’s FCRA claim for failure to allege that the reporting agency sent notice of the plaintiff’s consumer dispute to the defendant). As a result, Plaintiff fails to state a cognizable claim for a violation of the FCRA, and her claim is DISMISSED with leave to amend.