John Berkery, Sr. v. Verizon Commc'ns Inc, 658 F. App'x 172 (3rd Cir. 2016). · Go Syfert
John Berkery, Sr. v. Verizon Commc'ns Inc, 658 F. App'x 172 (3rd Cir. 2016). Cases Citing This Book View Copy Cite
46 citation events (46 in the last 25 years) across 4 distinct courts.
Strongest positive: ROACH v. NAVY FEDERAL CREDIT UNION (paed, 2025-01-21)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (rule) ROACH v. NAVY FEDERAL CREDIT UNION
E.D. Pa. · 2025 · confidence medium
See Schiano v. HomEq Servicing Corp. & HomEq Servicing, 832 F. App’x 116 , 120 (3d Cir. 2020) (affirming dismissal of FCRA claims because plaintiffs failed to sufficiently allege that the bank received notice of their dispute from a credit reporting agency); Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations).
discussed Cited as authority (rule) ROACH v. NAVY FEDERAL CREDIT UNION
E.D. Pa. · 2024 · confidence medium
See Schiano v. HomEq Servicing Corp. & HomEq Servicing, 832 F. App’x 116 , 120 (3d Cir. 2020) (affirming dismissal of FCRA claims because plaintiffs failed to sufficiently allege that the bank received notice of their dispute from a credit reporting agency); Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations).6 6 Additionally, Roach must have standing to bring an FCRA claim and plead facts in support thereof in the Complaint.
cited Cited as authority (rule) JOHNSON v. EQUIFAX
E.D. Pa. · 2024 · confidence medium
Berkery v. Verizon Commc'ns Inc., 658 F. App'x 172, 174 (3d Cir. 2016) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972)).
cited Cited as authority (rule) PERRY v. EQUIFAX INFORMATION SERVICES LLC
D.N.J. · 2023 · confidence medium
Nov. 20, 2008)); Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016).
discussed Cited as authority (rule) JOHNSON v. EXPERIAN INFORMATION SOLUTIONS, INC.
E.D. Pa. · 2023 · confidence medium
Verizon Comme’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Villalobos v, Citi Bank NA, No, 22-1837, 2023 WL 3035315 , at *5 (M.D.
discussed Cited as authority (rule) FRAZIER v. CONNEXUS CREDIT UNION
E.D. Pa. · 2023 · confidence medium
See Schiano v. HomEq Servicing Corp. & HomEq Servicing, 832 F. App’x 116 , 120 (3d Cir. 2020) (affirming dismissal of FCRA claims because plaintiffs failed to sufficiently allege that the bank received notice of their dispute from a credit reporting agency); Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations).
cited Cited as authority (rule) CRUEL v. EXPERIAN
E.D. Pa. · 2023 · confidence medium
Berkery v. Verizon Commc’ns Inc, 658 F. App’x 172, 174 (3d Cir. 2016) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972)).
discussed Cited as authority (rule) FRAZIER v. CONNEXUS CREDIT UNION
E.D. Pa. · 2023 · confidence medium
See Schiano v. HomEq Servicing Corp. & HomEq Servicing, 832 F. App’x 116 , 120 (3d Cir. 2020) (affirming dismissal of FCRA claims because plaintiffs failed to sufficiently allege that the bank received notice of their dispute from a credit reporting agency); Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations).
discussed Cited as authority (rule) JOHNSON v. SYNCHRONY GROUP LLC
E.D. Pa. · 2023 · confidence medium
See SimmsParris, 652 F.3d at 358 (explaining that the notice of dispute under § 1681s-2(b) “must be given by a credit reporting agency, and cannot come directly from the consumer’); Harris, 696 F. App’x at 91 (“A consumer may certainly notify a furnisher/creditor directly about his dispute but there is no private cause of action under § 1681s-2(b) for a furnisher’s failure to properly investigate such a dispute.”); Berkery v. Verizon Commc’ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusor…
discussed Cited as authority (rule) JOHNSON v. EQUIFAX INC.
E.D. Pa. · 2023 · confidence medium
Pa. Sept. 7, 2021) (“While a court may consider exhibits attached to a complaint, merely attaching exhibits is insufficient to meet the requirement that a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.”). under § 1681s-2(b) “must be given by a credit reporting agency, and cannot come directly from the consumer”); Harris, 696 F. App’x at 91 (“A consumer may certainly notify a furnisher/creditor directly about his dispute but there is no private cause of action under § 1681s-2(b) for a furnisher’s fai…
discussed Cited as authority (rule) PEEPLES v. BOSCOV'S DEPARTMENT STORE, LLC
E.D. Pa. · 2023 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Berkery v. Verizon Commc’ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Anyaegbunam v. ARS Account Resolution, LLC, No. 21-13409, 2022 WL 1558474 , at *3 (D.N.J.
discussed Cited as authority (rule) PEEPLES v. PORTFOLIO RECOVERY ASSOCIATES, LLC
E.D. Pa. · 2023 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Berkery v. Verizon Commc’ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Anyaegbunam v. ARS Account Resolution, LLC, No. 21-13409, 2022 WL 1558474 , at *3 (D.N.J.
discussed Cited as authority (rule) PEEPLES v. TARGET CORPORATION
E.D. Pa. · 2023 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Berkery v. Verizon Commc’ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Anyaegbunam v. ARS Account Resolution, LLC, No. 21-13409, 2022 WL 1558474 , at *3 (D.N.J.
discussed Cited as authority (rule) BANKSTON v. SELF FINANCIAL INC / LEA
E.D. Pa. · 2022 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Berkery v. Verizon Commc'ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations).
discussed Cited as authority (rule) LEE v. EXPERIAN
E.D. Pa. · 2022 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Schiano v. HomEq Servicing Corp. & HomEq Servicing, 832 F. App’x 116 , 120 (3d Cir. 2020) (allegations that defendant failed to “‘fully and properly investigate’ the matter” were conclusory and did not state a claim); Berkery v. Verizon Commc'ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of complaint based on conclusory allegations); Anyaegbunam v. ARS Acct.
discussed Cited as authority (rule) PRESSLEY v. TRANSUNION
E.D. Pa. · 2022 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Schiano v. HomEq Servicing Corp. & HomEq Servicing, 832 F. App’x 116 , 120 (3d Cir. 2020) (allegations that defendant failed to “‘fully and properly investigate’ the matter” were conclusory and did not state a claim); Berkery v. Verizon Communications Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of complaint that alleged that plaintiff “reported the billing discrepancy with Verizon…
discussed Cited as authority (rule) FRAZIER v. CAPITAL ONE
E.D. Pa. · 2022 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Schiano, 832 F. App’x at 120 (allegations that defendant failed to “‘fully and properly investigate’ the matter” were conclusory and did not state a claim); Berkery v. Verizon Communications Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of complaint that alleged that plaintiff “reported the billing discrepancy with Verizon to three credit agencies, but never set out any non-concluso…
discussed Cited as authority (rule) FRAZIER v. CAPITAL ONE
E.D. Pa. · 2022 · confidence medium
See Iqbal, 556 U.S. at 678 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”); Schiano v. HomEq Servicing Corp. & HomEq Servicing, 832 F. App’x 116 , 120 (3d Cir. 2020) (finding that allegations that defendant failed to “‘fully and properly investigate’ the matter” were conclusory and did not state a claim); Berkery v. Verizon Communications Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of complaint that alleged that plaintiff “reported the billing discrepancy…
discussed Cited as authority (rule) BELLO v. CAPITAL ONE BANK (USA) N.A.
D.N.J. · 2021 · confidence medium
Berkery v. Verizon Commc’ns Inc, 658 F. App'x 172, 175 (3d Cir. 2016) (dismissing a FCRA claim because the complaint did contain an allegation that Verizon failed to conduct a reasonable investigation after receiving notice of the dispute).
cited Cited as authority (rule) LEWIS v. SYNCHRONY BANK
D.N.J. · 2021 · confidence medium
Dec. 7, 2020) (citing Berkery v. Verizon Comm'cns Inc., 658 F. App'x 172, 175 (3d Cir. 2016) (per curiam)).
cited Cited as authority (rule) CATENA v. NVR, INC.
W.D. Pa. · 2020 · confidence medium
Berkery v. Verizon Commc'ns Inc, 658 F. App'x 172, 174 (3d Cir. 2016).
discussed Cited as authority (rule) WILLIAMS-HOPKINS v. ALLIED INTERSTATE, LLC
D.N.J. · 2020 · confidence medium
A. Tatis Class Membership American Pipe “tolls the applicable statute of limitations for putative class members,” Weitzner, 909 F.3d at 609 , and does not extend to plaintiffs who were not part of the class, or who “cease[d] to be part of the class.” See Berkery v. Verizon Commc’ns Inc, 658 F. App’x 172, 174-75 (3d Cir. 2016).
discussed Cited as authority (rule) CLAPS v. STATE FARM INSURANCE COMPANIES
E.D. Pa. · 2020 · confidence medium
“Moreover, three years after Knight, the Third Circuit, albeit in a non-precedential opinion, affirmed the dismissal of a UTPCPL claim as barred by the economic loss doctrine, citing Werwinski’s binding precedent.” Id. at 386 n.4 (citing Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016)).
discussed Cited as authority (rule) BELLO v. CAPITAL ONE BANK (USA) N.A. (2×) also: Cited "see"
D.N.J. · 2020 · confidence medium
Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (explaining that “[t]he FCRA allows for a private cause of action for the failure to investigate credit-reporting discrepancies based on the following duties: (1) the consumer must inform the credit agency that he disputes the information that the furnisher provided; (2) the credit agency must then notify the furnisher of the information about the consumer’s dispute; and (3) the furnisher must conduct a reasonable investigation with respect to the disputed information”).
discussed Cited "see" DANIELS v. BANK OF AMERICA (2×)
D.N.J. · 2023 · signal: see · confidence high
See Berkery v. Verizon Commc'ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016). 5) Here, the Complaint fails to allege sufficient facts to support a viable cause of action under § 1681s-2(b).
discussed Cited "see" BROWN v. CHASE AUTO - JPMORGAN CHASE BANK
E.D. Pa. · 2023 · signal: see · confidence high
See Berkery v. Verizon Commc’ns Inc, 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Anyaegbunam v. ARS Account Resolution, LLC, No. 21-13409, 2022 WL 1558474 , at *3 (D.N.J.
cited Cited "see" GATANAS v. TRANS UNION, LLC
D.N.J. · 2020 · signal: see · confidence high
See Berkery v. Verizon Comm’cns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (citing SimmsParris, 652 F.3d at 358 ).
cited Cited "see" Bordoni v. Chase Home Fin. LLC
E.D. Pa. · 2019 · signal: see · confidence high
See Berkery , 658 F. App'x at 175 .
discussed Cited "see, e.g." FRAZIER v. SYNOVUS FINANCIAL CORP
E.D. Pa. · 2023 · signal: see also · confidence medium
See Holland, 574 F. Supp. 3d at 302 (noting that there must be a threshold showing of inaccuracy to make a claim against a furnisher); see also Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Villalobos v. Citi Bank NA, No. 22-1837, 2023 WL 3035315 , at *5 (M.D.
discussed Cited "see, e.g." FRAZIER v. TRANSUNION
E.D. Pa. · 2023 · signal: see also · confidence medium
See Holland, 574 F. Supp. 3d at 302 (noting that there must be a threshold showing of inaccuracy to make a claim against a furnisher); see also Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Villalobos v. Citi Bank NA, No. 22-1837, 2023 WL 3035315 , at *5 (M.D.
discussed Cited "see, e.g." FRAZIER v. SYNOVUS FINANCIAL CORP
E.D. Pa. · 2023 · signal: see also · confidence medium
See Holland, 574 F. Supp. 3d at 302 (noting that there must be a threshold showing of inaccuracy to make a claim against a furnisher); see also Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furnisher that was based on conclusory allegations); Villalobos v. Citi Bank NA, No. 22-1837, 2023 WL 3035315 , at *5 (M.D.
discussed Cited "see, e.g." JOHNSON v. EXPERIAN INFORMATION SOLUTIONS INC.
E.D. Pa. · 2023 · signal: see also · confidence medium
See, e.g., Pressley v. Capital One, 415 F. Supp. 3d 509 , 513 (.D, Pa. Nov. 8, 2019) (plaintiff failed to state FCRA claim when she “hafd] not (1) identified the accounts at issue, (2) described the allegedly false and misleading information that appears in the accounts, (3) stated that she filed a dispute regarding the false and misleading information; or (4) alleged that Capital One failed to investigate and modify the inaccurate information”); see also Berkery v. Verizon Comme’ns Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (per curiam) (affirming dismissal of FCRA claim against furni…
discussed Cited "see, e.g." SOSA v. COUNTY OF HUDSON, NEW JERSEY (2×)
D.N.J. · 2020 · signal: see also · confidence medium
Auth., 687 F. App’x 122, 124-25 (3d Cir. 2017); see also Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 174 (3d Cir. 2016).
discussed Cited "see, e.g." OKULSKI v. CARVANA, LLC
E.D. Pa. · 2020 · signal: see also · confidence medium
See also Berkery v. Verizon Commc’ns Inc., 658 F. App’x 172, 174 (3d Cir. 2016) (post-Knight, affirming the dismissal of a UTPCPL claim as barred by the economic loss doctrine and citing Werwinski as binding precedent); Dixon v. Northwestern Mut., 146 A.3d 780 , 790 n.12 (Pa. Super. 2016) (noting “with concern” that Knight and Werwinski are “in tension” and that “[t]his split in authority means that state and federal courts in this Commonwealth follow difference substantive rules in considering claims advanced under the UTPCPL”).
discussed Cited "see, e.g." VISCONTI v. TRANS UNION, LLC
D.N.J. · 2019 · signal: see, e.g. · confidence medium
See, e.g., Berkery v. Verizon Communications Inc., 658 F. App’x 172, 175 (3d Cir. 2016) (“Berkery’s complaint alleged that he reported the billing discrepancy with Verizon to three credit agencies, but never set out any non-conclusory allegations about whether Verizon (here, the furnisher) satisfied its own duties under the statute.
discussed Cited "see, e.g." Harris v. Trustees of Conneaut Lake Park, Inc. (In re Trustees of Conneaut Lake Park, Inc.)
Bankr. W.D. Pa. · 2017 · signal: see also · confidence medium
As a preliminary matter, it should be emphasized that courts have held that a statute of limitations defense may be considered in the context of a motion to dismiss when “the complaint facially shows noncompliance with the limitations period and the affirmative defense [of the running of the statute of limitations] clearly appears on the face of the pleading.” Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380 , 1384 n. 1 (3d Cir. 1994); see also Berkery v. Verizon Comm., Inc., 658 Fed.Appx. 172, 174 (3d Cir. 2016).
Retrieving the full opinion text from the archive…
John C. BERKERY, Sr., Appellant
v.
VERIZON COMMUNICATIONS INC; Cellco Partnership, a Delaware General Partnership D/B/A Verizon Wireless (Collectively “Verizon”); Midland Funding LLC, “Midland”; Trans Union Corp, “Trans Union”; Equifax Inc, “Equifax”; Experian Information Systems Inc, “Experian”
15-3766.
Court of Appeals for the Third Circuit.
Aug 19, 2016.
658 F. App'x 172
John C. Berkery, Sr., Pro Se, Brian T, Feeney, Esq., Gregory T. Sturges, Esq., Greenberg Traurig, Philadelphia, PA, for Defendants-Appellees Verizon Communications Inc and Célico Partnership, Thomas F. Lucchesi, Esq., Ronald M. Metcho, II, Esq., Marshall Dennehey Warner Coleman & Goggin, Philadelphia, PA, for Defendant Midland Funding LLC, Casey B. Green, Esq., Sidkoff Pincus & Green, Philadelphia, PA, Debra A. Miller, Esq., Schuekit & Associates, Zionsville, IN, for Defendant Trans. Union Corp, John C. McNamara, Esq., Christie & Young, Philadelphia, PA, for Defendant Equifax Inc
Fisher, Shwartz, Cowen.
Cited by 39 opinions  |  Unpublished

OPINION *

PER CURIAM

John C. Berkery, Sr. appeals pro se from the District Court’s dismissal of his complaint. For the following reasons, we will affirm the District Court’s judgment.

Berkery filed a complaint in the District Court concerning a billing dispute for his Verizon mobile telephone account. In particular, Berkery alleged that Verizon Communications, Inc. and Cellico Partnership (collectively “Verizon”) [1] improperly charged him for In-Network calls and regularly miscalculated his monthly usage arising out of a mobile-phone contract beginning in August 2008. Berkery’s complaint raised statutory claims under the Federal Communications Act, 47 U.S.C. § 201 (“FCA”) [Count One], the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq. [Count Two], the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-let seq. (“UTPCPL”) [Count Five], and the Fair Credit Reporting Act, 15 U.S.C. § 681 et seq. (“FCRA”) [Count Six], as well as state common-law claims for breach of contract [Count Three] and fraud [Count Four],

[*174] Verizon moved to dismiss the claims against it. The District Court concluded that Counts One to Four were time-barred, as the statutes of limitations for those counts had begun to run in December 2009, when Berkery’s contract with Verizon ended, and had each elapsed long before Berkery finally filed suit in February 2015. The District Court also concluded that the Demmick et al. v. Cellico Partnership d/b/a Verizon Wireless class action against Verizon in the District of New Jersey (Case, No. 06-163) did not equitably toll Berkery’s claims against Verizon. The District Court then concluded that Pennsylvania’s economic loss doctrine barred his UTPCPL suit as set out in Count Five. Finally, the District Court concluded that Berkery’s FCRA claim as set out in Count Six was not adequately pleaded.

With regard to Counts One to Five, the dismissal was with prejudice and without leave to amend, on the ground that any amendment would be futile. With regard to Count Six—the claim under the FCRA— the District Court granted Berkery 21 days to file an amended complaint that could plausibly state a claim for relief under that statute.

Berkery did not file an amended complaint. Instead, he filed a notice of appeal less than two weeks after his complaint was dismissed, and has stated on appeal that he wishes to stand on his original complaint.

We have jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over a district court’s order dismissing a complaint for failure to state a claim. Gelman v. State Farm Mut. Auto. Ins. Co., 583 F.3d 187, 190 (3d Cir. 2009). Because Berkery proceeded pro se in the District Court, we construe his pleadings liberally. See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972).

We will affirm. First, we consider the four time-barred claims. As an initial point, it is proper for a District Court to consider the time bar at the pleading stage where, as here, noncompliance with the statute of limitations is plain on the face of the complaint. See Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1385 n.1 (3d Cir. 1994). On appeal, Berkery does not challenge the District Court’s analysis of the statute of limitations on any count, but instead argues that the District Court erred in concluding that these limitations periods were not equitably tolled as a result of his purported membership in the Demmick class action.

That argument fails. Under the class action tolling rule, the filing of a class action lawsuit in federal court tolls the statute of limitations for the claims of unnamed class members until class certification is denied or when the member ceases to be part of the class, at which point the class member may intervene or file an individual suit. Am. Pipe & Constr. Co. v. Utah, 414 U.S. 538, 551-3, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974). Berkery seeks to apply that rule to his case because he received a notice stating that he was a part of the Demmick class, and says that he followed the opt-out procedures to preserve his right to file an individual action. But, as the District Court correctly observed, the Demmick class includes only customers who had a Verizon Family SharePlan between May 11, 2002 and May 10, 2006. Berkery’s contract involved a different kind of plan, and a later time period;

Berkery argues that the District Court erred to so reason because Verizon never challenged his class membership during the class action itself. As a result, he says, res judicata bars Verizon from challenging his class membership now. That misses the point. Whethér or not Verizon is barred from stating that Berkery is a member of[*175] the Demmick class, it remains the case that his claims in this lawsuit have no connection to the Demmick class action. Berkery may not bootstrap bis claims based on the August 2008 contract using any Demmick claims that he may or may not have.

Turning next to the UTPCPL claim, we also agree with the District Court’s reasoning on that count. The District Court applied binding Third Circuit precedent on how to treat UTPCPL claims that essentially arise out of a breach of contract. In particular, this Court has predicted that the Pennsylvania Supreme Court would apply the economic loss doctrine to UTPCPL claims based on intentional torts like fraud. See Werwinski v. Ford Motor Co., 286 F.3d 661, 679-1 (3d Cir. 2002). Under the economic loss doctrine, “no cause of action exists for negligence that results solely in economic damages unaccompanied by physical injury or property damage.” Excavation Techs., Inc. v. Columbia Gas Co. of Pa., 604 Pa. 50, 985 A.2d 840, 841 n.3 (Pa. 2009). Although Berkery notes that the application of the-economic loss doctrine to non-negligence claims has been subject to some criticism, Berkery has not shown why it should not apply to the particular circumstances of this case. Consequently, the District Court was correct to dismiss Count Five with prejudice.

Finally, the District Court was also correct to conclude that Count Six, the FCRA claim, was not adequately pleaded. The FCRA allows for a private cause of action for the failure to investigate credit-reporting discrepancies based on the following duties: (1) the consumer must inform the credit agency that he disputes the information that the furnisher provided; (2) the credit agency must then notify the furnisher of the information about the consumer’s dispute; and (3) the furnisher must conduct a reasonable investigation with respect to the disputed information. See SimmsParris v. Countrywide Fin. Corp., 652 F.3d 355, 358 (3d Cir. 2011).

Berkery’s complaint alleged that he reported the billing discrepancy with Verizon to three credit agencies, but never set out any non-conclusory allegations about whether Verizon (here, the furnisher) satisfied its own duties under the statute. Verizon concedes on appeal that this pleading deficiency could have been cured if Berkery had alleged on information and belief that (1) the credit agencies reported the discrepancy to Verizon, and (2) that Verizon did not conduct a reasonable investigation after receiving notice of the discrepancy. But even these simple allegations do not appear in Berkery’s complaint. As a result, the District Court did not err in dismissing this claim without prejudice to file an amended complaint that cured this pleading failure. Berkery declined to do so.

For the foregoing reasons, we will affirm the District Court’s judgment.

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

1

. Berkery also sued three credit-reporting agencies, but voluntarily dismissed the claims against those parties.