Defendant Seeks To Stymie Plaintiffs False Pretense Claim Under The FCRA

In Patel v. Comcast Corporation, plaintiff consumer Mounang Patel brought a purported class action lawsuit against defendant Comcast Corporation, arguing that Comcast unlawfully obtains background checks (also referred to as consumer reports) on consumers under false pretenses. On July 17, Comcast moved to dismiss this class claim on the ground that Patel failed to allege that Comcast made any actionable misrepresentations regarding its reasons for obtaining a consumer report.

In the complaint, Patel alleged that he signed up for new Comcast cable service, which included his leasing of "valuable Comcast equipment." In connection with his cable service, Comcast gave him the option of providing a $100 deposit for the leased equipment or, instead, having Comcast run a credit check. Because he was concerned about the impact a credit check would have on his impending home mortgage application, Patel alleges that he elected to provide the deposit to Comcast.