Scope of Adverse Action under the Fair Credit Reporting Act (FCRA)
Safeco Insurance Co. of America et al., v. Burr, et al.,
GEICO General Insurance Co., et al., v. Edo
Case Nos. 06-84 and 06-100
Supreme Court of the United States
NCLC urges the Supreme Court to reverse the Ninth Circuit's lenient ruling reducing the threshold of the FCRA's "willfully" requirement, so as to trigger statutory and uncapped punitive damages unnecessarily. NCLC also argues that the Ninth Circuit erred in its ruling in determining when an "adverse action" notice is triggered under the FCRA. The erroneous Ninth Circuit decisions came out of several class action lawsuits that were filed against various insurance companies for alleged willful violations of the FCRA for failure to provide applicants with adverse action notices taken against the applicants in receiving insurance premium quotes. In its brief, NCLC argues that the Ninth Circuit holdings are contrary to the statutory text of the FCRA and will have a substantial effect on many different sectors of American business.
Amicus brief filed 11/13/06. Oral argument to be held 1/16/07. Decision 6/4/07.
Scope of Adverse Action under the Fair Credit Reporting Act ("FCRA")
Hartford Fire Insurance Co. v. Reynolds,
Safeco Insurance Co. of America et al., v. Burr, et al.,
GEICO General Insurance Co., et al., v. Edo,
State Farm Mutual Automobile Insurance Co. et al., v. Willes
Case Nos. 06-82, 06-84, 06-100, 06-101
Supreme Court of the United States
The Supreme Court agreed to hear two of the four cases in which NCLC urged review of the Ninth Circuit's disposition of class action lawsuits filed against various insurance companies for alleged willful violations of the FCRA for failure to provide applicants with adverse action notices taken against the applicants in receiving insurance premium quotes. The Supreme Court agreed to consider whether initial insurance premium quotes provided by GEICO and Safeco constitute adverse action under FCRA, and if so, whether the actions taken by the insurance companies were willful and worthy of punitive damages.
Amicus brief filed 8/21/06. Certiorari granted 9/26/06.
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