United States First Circuit

In a class action involving defendant's unlawful access to credit reports for solicitation purposes in violation of the FCRA, grant of defendant's motion to dismiss is affirmed where: 1) the statutory language of FCRA does not mandate that pre-screened offers of credit conform to a common law definition of "offer", or that specific loan terms must be included in a firm offer of credit; and 2) although plaintiff suffered an invasion of privacy, under the statutory regime of FCRA, plaintiff's remedy rested in the "opt-out" provisions under the Act and not in the courts.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

• HOWARD, Circuit Judge., Before HOWARD, Circuit Judge, STAHL and SILER , Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel A. Edelman, with whom Cathleen M. Combs, James O. Latturner, Edelman, Combs, Latturner & Goodwin, LLC, Christopher Lefevbre, Claude Lefebvre, and Christopher Lefebvre, P.C. were on brief, for appellant., James W. McGarry, Thomas M. Hefferon, Joseph F. Yenouskas, and Goodwin Procter LLP, on brief for amicus curiae American Financial Services Association, Consumer Mortgage Coalition, and Mortgage Bankers Association.


• For Appellees:
  
• Jeffrey R. Martin, with whom Burns & Levinson LLP was on brief, for appellee.