United States Third Circuit

In plaintiff's putative class action against State Farm under the Fair Credit Reporting Act (FRCA) arising from an allegedly improper disclosure of plaintiff's credit report and a subsequent mailer from the insurance company that arose from that disclosure, dismissal of the claims is affirmed as plaintiff failed to state a claim for his false pretenses and permissible purpose claims because State Farm's mailer constituted an offer of insurance under the FCRA, and that was a permissible purpose for disclosing plaintiff's credit report.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

• Before:  SCIRICA, Chief Circuit Judge, McKEE and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Patrick J. Loughren, Esq. (Argued), Loughren, Loughren & Loughren, P.C., Pittsburgh, PA, Daniel C. Levin, Esq. Levin, Fishbein, Sedran & Berman, Philadelphia, PA, Christopher G. Hayes, Esq., The Law Office of Christopher G. Hayes, West Chester, PA, for Appellant.


• For Appellees:
  
• James T. Moughan, Esq., Britt, Hankins & Moughan, Philadelphia, PA, Michael P. Kenny, Esq., Cari K. Dawson, Esq. (Argued), Derin B. Dickerson, Esq., Alston & Bird LLP, Atlanta, GA, for Appellee., Thomas W. Curvin, Esq., Valerie S. Sanders, Esq., Drew D. Dropkin, Esq., Sutherland Asbill & Brennan LLP, N.E. Atlanta, GA, for Amicus Curiae, Property Casualty Insurers Association of America, in support of Appellees.