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Sloan v. TransUnion LLC

FCRA Does Not Provide Right of Action for Equity Relief Sought as to Credit Score, Report

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On July 6, 2021, Plaintiff Michael Sloan commenced this action against Defendants TransUnion, LLC (“TransUnion”) and Syracuse 727, LLC d/b/a the Marshall Syracuse (“Syracuse 727″). See Dkt. No. 1. Plaintiff alleged four causes of action: (1) violations of the federal Fair Credit Reporting Act (“FCRA”) against TransUnion, see 15 U.S.C. §§1681e(b), 1681i; (2) violations of the New York Fair Credit Reporting Act (“NYFCRA”) against TransUnion, see N.Y. Gen. Bus. Law §§380-f, 380-j(e); (3) violations of New York Real Property Law against Syracuse 727; and (4) breach of contract against Syracuse 727. See Dkt. No. 1 at

6-10. Syracuse 727 appeared and answered the complaint on July 28, 2021. See Dkt. No. 7. When TransUnion failed to answer or otherwise appear, Plaintiff obtained a Clerk’s entry of default as to TransUnion. See Dkt. No. 17. Plaintiff subsequently settled his claims against Syracuse 727. See Dkt. No. 31. Currently before the Court is Plaintiff’s unopposed motion for default judgment against TransUnion. See Dkt. No. 22. For the reasons that follow, Plaintiff’s motion is denied. II. BACKGROUND Syracuse 727 is a limited liability company that owns an off-campus student housing development, known as the Marshall Syracuse (the “Marshall”), for Syracuse University students in Syracuse, New York. See Dkt. No. 1 at 16. On August 3, 2019, Plaintiff entered into a lease agreement with Syracuse 727 for a rental unit in the Marshall. See id. at 17. On March 16, 2020, Syracuse University suspended all in-person learning due to COVID-19, and on March 20, 2020, New York State Governor Cuomo “announced a State Moratorium on residential and commercial evictions which also included a prohibition on negative credit reporting by financial institutions.” Id. at

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