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United States Seventh Circuit


Murray v. New Cingular Wireless Servs., Inc., 06-2477

In a consolidation of three suits under the Fair Credit Reporting Act, the judgments of the district courts are affirmed where: 1) the offer of a free phone in connection with a service plan is an offer of credit; 2) a defendant did not wilfully violate FCRA because it was not reckless; 3) the omission of a minimum line of credit is compatible with a "firm offer of credit"; and 4) while the district court applied the wrong standard in light of Safeco Ins. Co. v. Burr, 127 S. Ct. 2201 (2007), its mistakes do not require a remand.

Appellate Information

  • Argued 11/28/2007
  • Decided 04/14/2008
  • Published 04/14/2008

Judges

  • EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and FLAUM and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Daniel A. Edelman, James O. Latturner (argued), Edelman, Combs & Latturner, Chicago, IL, David M. Victor, Robert K. O'Reilly (argued), Ademi & O'Reilly, Cudahy, WI, for Plaintiffs-Appellants.

  • For Appellees:
  • Charles H.R. Peters, (argued), Schiff Hardin, Chicago, IL, Richard E. Gottlieb (argued), Dykema, Chicago, IL, Aaron Van Oort (argued), Faegre & Benson, Minneapolis, MN, for Defendants-Appellees.
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