United States District Court, M.D. Tennessee, Nashville Division
KENDRIA Y. WEST, Plaintiff,
JP MORGAN CHASE, Defendant.
MEMORANDUM & ORDER
A. TRAUGER UNITED STATES DISTRICT JUDGE
Kendria West has filed a pro se Complaint (Doc. No.
1) against JP Morgan Chase (“Chase”), asserting
claims under the federal Fair Credit Reporting Act
(“FCRA”), 15 U.S.C. § § 1681-1681x.
With her Complaint, she submitted an Application to Proceed
in District Court Without Prepaying Fees or Costs (Doc. No.
2). As it is clear from the plaintiff's submission that
she lacks sufficient financial resources from which to pay
the fee required for the filing of a complaint, the
Application (Doc. No. 2) is GRANTED, and the
Clerk is DIRECTED to file the Complaint
in forma pauperis. 28 U.S.C. § 1915(a).
to 28 U.S.C. § 1915(e)(2), the court is required to
conduct an initial review of the Complaint and dismiss it if
it is facially frivolous or malicious, fails to state a claim
upon which relief may be granted, or seeks monetary relief
against a defendant who is immune from such relief.
McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.
1997), overruled on other grounds by Jones v. Bock,
549 U.S. 199 (2007).
reviewing the complaint to determine whether it states a
plausible claim, “a district court must (1) view the
complaint in the light most favorable to the plaintiff and
(2) take all well-pleaded factual allegations as true.”
Tackett v. M & G Polymers, USA, LLC, 561F.3d
478, 488 (6th Cir. 2009) (citing Gunasekera v.
Irwin, 551 F.3d 461, 466 (6th Cir. 2009)). A pro
se pleading must be liberally construed and “held
to less stringent standards than formal pleadings drafted by
lawyers.” Erickson v. Pardus, 551 U.S. 89, 94
(2007) (citing Estelle v. Gamble, 429 U.S. 97, 106
present Complaint, the plaintiff claims that Chase repeatedly
ran a “hard” credit check on her through the
credit reporting agencies (“CRAs”) Equifax and
Experian, even though she had never applied for a credit card
through Chase. As a result, the plaintiff's credit score
has been “artificially lower[ed], ” making it
impossible for her to apply for credit from sources with
which she would like to do business. (Compl. ¶ 1.) More
specifically, she claims that Chase “ran her
credit” by requesting a copy of her credit report from
the CRAs nine times between October 14, 2016 and October 31,
2017, even though she had not applied for credit. (Compl.
¶ 4 & Ex. A.) The first time it happened, she filed
a police report and notified Chase, Equifax, and Experian by
letter. (Comp. ¶ 4.) The plaintiff's letters are not
in the record, but she attached a response from the
Metropolitan Nashville Police Department, which notified her
of steps she could take to protect her identity. (Compl. Ex.
B.) She also attached a letter from Chase explaining that a
request for credit submitted in her name was declined because
Chase believed a third person might be attempting to obtain
credit in the plaintiff's name. Chase likewise
recommended that the plaintiff take steps to protect her
We declined an application for a credit card because we
couldn't confirm information on it. We're concerned
someone may be using your personal information fraudulently.
If you submitted this application, please call us . . . .
This application will remain closed if we don't hear from
you within 30 days from the date of this letter.
There are steps you can take to protect your identify if you
think your personal information has been compromised. . . .
(See, e.g., Doc. No. 1, at 17.) The letter goes on
to explain steps the recipient could take to protect her
letter from Experian attached to the Complaint simply
indicates that Experian, at the plaintiff's request,
deleted from her credit report the requests for credit
history made by Chase Card on May 21, 2017, June 21, 2017,
and July 1, 2017. (Compl. Ex. D.) The plaintiff describes
Exhibit E as showing that Equifax has
repeatedly refused to remove [the fraudulent credit report
requests] and insisted that the information was correct when
it was in FACT NOT ACCURATE as I did NOT apply! There appears
to be some collusion between Chase and Equifax. The motive
being to create “fear” which would cause me to
purchase credit protection items and to pay for credit
freezes from Equifax.
(Compl. ¶ 4.)
In addition, I've had an Amazon account at my address
since 2002 and I've NEVER applied for a card through
Amazon. I notified the CFPB about this and in 10/17 Chase
AGAIN ran my credit but simply left off “Amazon”
as the place where I'd applied. . . . I have been harmed
by this malice because it artificially lowered my credit
score which has left me unable to apply to legitimate
companies for personal and professional credit. Additionally,