Baker v. General Electric Capital, Corp.

ORDER ON DEFENDANT’S MOTION TO DISMISS COUNT II

C. ASHLEY ROYAL, District Judge.

This matter comes before the Court on Defendant General Electric Capital Corp.’s (“GEMB”) Motion to Dismiss Count II of Plaintiffs Complaint. [Doc. 5]. In its motion, Defendant contends that Count II of the Complaint, which is based on state tort law, is preempted by a provision of the Fair Credit Reporting Act (“FCRA”). Having considered the matter, the Court finds that provision of the FCRA does not preempt Count II of the Complaint; thus, Defendant’s Motion [Doc. 5] is DENIED.

I. BACKGROUND

Plaintiff Brenda…