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Removal to Federal Court: No Inference of FCRA Claim When None Stated

The court reminded the defendants in Thao Le v. Capital One Auto Finance (N.D. Cal. Nov. 1, 2018) not to read too much into a pro se plaintiff’s case. The plaintiff’s complaint in the case mentioned “common law … state fair debt collection law, and consumer protection laws,” as well as “state law” violations on securities laws. Defendants filed a notice of removal based on federal question jurisdiction, claiming that it existed because the plaintiff’s allegations “implicated” the Fair Credit Reporting Act (FCRA) relating to the negative reporting of credit information to third parties.

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