Carton v. Choice Point & Choice Point Services, Inc.

OPINION

IRENAS, Senior District Judge.

Before the Court is the Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) of Defendants Choice Point, and Choice Point Services, Inc. (collectively “Choice Point”). 1 For the reasons that follow, the Motion will be granted in part and denied in part.

I

Plaintiffs are the sons of James Carton, Jr. (“Carton”) who died on January 19, 2000. They bring the present class action suit 2 as executors of their father’s estate, and as purported representatives of the Class, 3 against Choice Point.

Choice Point locates owners of unclaimed property and…