Beaudry v. TeleCheck Services, Inc.

579 F.3d 702 (2009)

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Beaudry v. TeleCheck Services, Inc.

United States Court of Appeals for the Sixth Circuit
579 F.3d 702 (2009)

  • Written by Tammy Boggs, JD

Facts

Cheryl Beaudry (plaintiff) sued TeleCheck Services, Inc., and other companies (together, TeleCheck) (defendants) for willfully violating the Fair Credit Reporting Act (FCRA). TeleCheck provided check-verification services. As alleged by Beaudry, TeleCheck intentionally failed to account for a change implemented by Tennessee in 2002 to its driver’s-license numbering system, and as a result, TeleCheck’s systems incorrectly reflected that many Tennessee consumers, including Beaudry, were first-time check-writers. Beaudry sought to represent a class of similarly affected consumers, and she alleged that they were entitled to statutory damages, injunctive relief, punitive damages, attorney fees, and costs. Beaudry did not allege that she had experienced any actual damages due to TeleCheck’s conduct, such as a returned check. TeleCheck filed a motion to dismiss the complaint, based in part on Beaudry’s failure to allege any actual injury. The district court granted the motion, and Beaudry appealed.

Rule of Law

Issue

Holding and Reasoning (Sutton, J.)

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