United States District Court, E.D. New York
Thomas Nguyen, Plaintiff, Pro se, Brooklyn, NY.
For Ridgewood Savings Bank, Peter Boger, Defendants: Adam Matthew Marshall, LEAD ATTORNEY, Cullen and Dykman LLP, Garden City, NY; Marianne McCarthy, Cullen and Dykman Bleakley Platt, LLP, Garden City, NY.
MEMORANDUM & ORDER
MARGO K. BRODIE, United States District Judge.
Plaintiff Thomas Nguyen, proceeding pro se, commenced this action on February 18, 2014, against Defendants Ridgewood Savings Bank (" Ridgewood" ) and Peter Boger, the President, Chairman and Chief Executive Officer of Ridgewood. Plaintiff asserts claims under the Fair Credit Reporting Act (" FCRA" ), 15 U.S.C. § 1681 et seq., and under 42 U.S.C. § 1983, alleging denial of his Fifth Amendment rights and " rights guaranteed by many statutes."  (Compl. 1 ¶ V.) On March 11, 2014, Defendants moved to dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. For the reasons set forth below, the Court grants Defendants' motion. Plaintiff is granted leave to file an amended complaint.
According to Plaintiff's Complaint, in or about October 2007, Plaintiff obtained a secured loan of approximately $7,000 from Ridgewood. (Compl. 10.) Between the date of the loan and June 2013, Ridgewood furnished information to credit reporting agencies which indicated Plaintiff had missed payments on his loan on approximately 22 occasions. ( Id. at 1 ¶ IV, 11.)
Sometime in 2013, Plaintiff reported to the Federal Deposit Insurance Corporation's (" FDIC" ) Consumer Response Center that he had concerns regarding the accuracy of Ridgewood's bank records as they related to the timeliness of his loan payments. ( Id. at 4.) The FDIC Consumer Response Center contacted Ridgewood on Plaintiff's behalf. ( Id.) On or about November 19, 2013, Ridgewood, through its Vice President Vito DiBona, issued a response to the FDIC Consumer Response Center's inquiries and sent a copy directly to Plaintiff. ( Id.) This response outlined Ridgewood's analysis which led it to conclude that Plaintiff's payments were delinquent, as reported to the credit reporting agencies. ( Id.) The FDIC Consumer Response Center requested additional information, and on December 9, 2013, Ridgewood issued a second response indicating that it had reconsidered its original analysis, decided to expunge the entire delinquency history from Plaintiff's account and would update the records provided to the credit reporting agencies to reflect the corrected account information. ( Id.) On December 16, 2013, the FDIC Consumer Response
Center sent a letter to Plaintiff stating these facts. ( Id.)
On or about December 29, 2013, Plaintiff sent a letter to Boger stating that Ridgewood's reports of delinquent payments had affected Plaintiff's credit score and financial livelihood. ( Id. at 5.) Plaintiff also stated in the letter that the inaccurate reports were a reason that two of his bank accounts, held at another bank, were closed in 2012, and that the situation contributed to his " cardiac problem."  ( Id. at 13.)
a. Standard of Review