The following cases illustrate some of the Perry Law P.C.’s Insurance Industry Group’s experience in handling Credit Scoring/Fair Credit Reporting Act (“FCRA”) matters:

Case Summary

Christina Sams and Amber Sommer, Case No. CV 01-1458-BR, United States District Court, District of Oregon and Ajene Edo, Case No. CV 3-02-00678 BR, United States District Court, District of Oregon. These class actions, brought by policyholders, alleged the improper use of insurance scores in new business underwriting and the alleged failure to send the Fair Credit Reporting Act (15 U.S.C. §1681 et seq. (2000) (“FCRA”) adverse action notice as required by statute. In this case, which was a putative nationwide class action, Ms. Perry served as lead counsel in the trial court and Court of Appeals. In the consolidated case appealed to the U.S. Supreme Court, the U.S. Supreme Court agreed with the client and the District Court’s favorable ruling for the client, reversing the Ninth Circuit’s decision. ), The Supreme Court agreed that the carrier had not, in fact, taken any adverse action with respect to the plaintiff that would require notice under the Fair Credit Reporting Act. Two questions were presented to the Supreme Court: Whether the Ninth Circuit adopted an improper standard for determining “willful” violations under the FCRA, and whether the Ninth Circuit improperly expanded the FCRA’s definition of “adverse action.” The Ninth Circuit’s decision, which exposed the carrier and other insurers to uncapped statutory and punitive damages, was reversed. Safeco Ins. Co. of Am. v. Burr/Edo, 127 S.Ct. 2201 (2007).

Case Result

Overturned on appeal by the U.S. Supreme Court