Pele v. Pennsylvania Higher Education Assistance Agency

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This matter is before the Court on Defendant Pennsylvania Higher Education Assistance Agency’s (“Defendant” or “PHEAA”) Motion to Dismiss based on Eleventh Amendment. [Dkt. 12.] For the following reasons the Court will deny Defendant’s Motion to Dismiss.

I. Background

This case arises out of alleged violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq.

A. Factual Background

Plaintiff Lee Pele (“Plaintiff’ or “Pele”) is a resident and citizen of the Commonwealth of Virginia. (Am. Compl. ¶ 2.) Defendant PHEAA is a student…