· 10/25/2005
George Stergiopoulos & Ivelisse Castro v. First Midwest Bancorp, Inc.
Citations
- 427 F.3d 1043
- 2005 U.S. App. LEXIS 22997
- 2005 WL 2739206
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing class action FCRA claim against lenders that requested plaintiffs' credit reports upon being forwarded credit applications from dealerships
- “If the connection between a consumer’s search and a [credit] request is clear, it is unlikely that the request will infringe the consumer’s privacy interests, for it will ‘involve’ the plaintiff directly.”
- where “the plaintiffs' credit reports [were] only [pulled] because the plaintiffs sought financing for their new cars,” the “line of causation was direct and thus the request fell within the purview of subparagraph (3)(A).”
- “A third party cannot troll for reports, nor can it request a report on a whim. Rather, there must be a direct link between a consumer’s search for credit and the bank’s credit report request.”
- “While it may be a better practice for car dealers explicitly to inform their customers that unknown third-party lenders might request the customers' credit reports, we are not convinced that a failure to do so violates the FCRA as it is now written. An entity may rely on subparagraph (3)(A
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Ripple, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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