Time Will Tell: FCRA Statute of Limitations Defense on a Motion to Dismiss

FCRA’s statute of limitations can sometimes provide defendants with a cut-and-dry grounds for dismissal early in case, but not always. The Eastern District of Michigan recently denied a motion to dismiss based on the statute of limitations because it was not clear from the face of the complaint when the plaintiff discovered the facts that would support her FCRA claims. In Blake v. TransUnion LLC, No. 18-10406, 2019 WL 211141 (E.D. Mich. Jan. 16, 2019), the plaintiff claimed that defendant Granite Bay Acceptance, Inc. (“Granite Bay”) and Lease Maturity Services, LLC (“LMS”) accessed her credit report from defendant Transunion for an impermissible purpose, including reselling her information, in violation of FCRA. All three defendants moved to dismiss on the basis of the statute of limitations.