United States District Court, D. Delaware
Adetayo Adeseye, Newark, Delaware; Pro Se Plaintiff.
Douglas D. Herrmann, Esquire, Pepper Hamilton LLP,
Wilmington, Delaware, Counsel for Defendant Fed Loan
A. Bennett, Esquire, and Heather M. Shumaker, Esquire, Cooch
and Taylor, Wilmington, Delaware, Counsel for Defendant Trans
M. Grivner, Esquire, Clark Hill PLC, Wilmington, Delaware,
Counsel for Defendant Equifax.
S. Hunter, Esquire, and Mark C. Zheng, Esquire, Richards
Layton & Finger, PA, Wilmington, Delaware, Counsel for
ANDREWS, U.S. DISTRICT JUDGE:
Adetayo Adeseye, who proceeds pro se, and has paid
the filing fee, filed this action on August 11, 2017. (D.I.
2). Before the Court is Defendant Pennsylvania Higher
Education Assistance Agency, d/b/a FedLoan Servicing's
motion to dismiss pursuant to Rule 12(b)(6). (D.I. 21).
Briefing on the matter is complete. Also before the Court is
Plaintiffs request for counsel. (D.I. 14).
has sued a number of entities for inaccurate reporting of his
student loans to credit reporting agencies. Plaintiff's
student loans were originally with Direct Loans and the loan
was set up on automatic repayment so Plaintiff would receive
a 0.25% reduction in the interest rate. Prior to refinancing
all student loans and consolidating them, the loans were in
forbearance. Plaintiff was informed by Direct Loans that the
automatic payments were in effect and would continue after
the forbearance period ended.
student loans were transferred from Direct Loans to the U.S.
Department of Education. Plaintiff alleges he never received
a notice or a phone call about the transfer, and there
appears to have been a lack of communication across many
handoffs during the transfer process to the Department of
Education and FedLoan Servicing that violated the Fair Credit
alleges that, from 2012 until 2017, FedLoan Servicing and the
Department of Education inaccurately reported his student
loan status to credit reporting agencies, causing him actual
damage. Plaintiff filed a complaint through CEPB (presumably
the Consumer Financial Protection Bureau) and Federal Student
Aid on June 14, 2017, and recently FedLoan Servicing updated
Plaintiff's credit report to reflect a zero balance.
However, some student loans are being reported by the
Department of Education with a total remaining balance of
alleges that due to the erroneous reporting of a defaulted
federal student loan on his credit report, he has been unable
to refinance or obtain a new mortgage. He seeks compensatory
Servicing moves for dismissal of the Fair Credit Reporting
Act ("FRCA") claims pursuant to Rule 12(b)(6) on
the grounds that it is not a consumer reporting agency and
there is no private right of action against data
furnishers. (D.I. 23).