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Roller v. Red Payments LLC

Fraud, FCRA Claims Dismissed; Justifiable Reliance on False Statement Not Alleged

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MEMORANDUM & ORDER Plaintiffs Brian Roller (“Roller”) and Kalos Street L.L.C. (“Kalos Street”) (collectively “Plaintiffs”) brought this putative class action against Defendant Red Payments L.L.C. (“Red Payments” or “Defendant”) and First Data Global Leasing¹ seeking declaratory relief under the Declaratory Judgment Act and alleging claims pursuant to the Fair Credit Reporting Act (“FCRA”) and Electronic Funds Transfer Act (“EFTA”), as well as common law claims for unjust enrichment, conversion and fraud. By Order dated February 11, 2021, the Court dismissed certain of Plaintiffs’ claims. Plaintiffs subsequently filed a Second Amended Complaint seeking declaratory and injunctive relief and alleging claims pursuant to the FCRA as well as claims for common law fraud. Presently before the Court is Defendant’s motion to dismiss the Second Amended Complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure (“Rule 12″). For the reasons set forth below, Defendant’s motion is granted. BACKGROUND 1. Factual Background The following facts, drawn from the Second Amended Complaint are assumed to be true for purposes of the pending motion to dismiss and are viewed in the light most favorable to Plaintiffs, the non-moving party. This action concerns payment processing accounts that Red Payments opened in the name of Kalos Street, which is wholly owned by Roller. DE 86

39-43, Ex. A. Plaintiffs contracted with Red Payments in order to obtain point-of-sale (“POS”) equipment for processing credit or debit card payments, as well as for payment processing and related services connected to the use of this POS equipment. Id.

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