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.