Crabtree v. Experian Information Solutions, Inc.

Dist. Ct. did not err in dismissing for lack of Article III standing plaintiff’s action alleging violation of Fair Credit Reporting Act (FCRA), where plaintiff alleged that defendant improperly revealed his information in his credit report to third-party lender from "prescreened list" for purposes of third-party making guaranteed offer of either credit or insurance to plaintiff. Focus of plaintiff’s lawsuit was on allegation that defendant had no existing contract with third-party to receive plaintiff’s credit data, which plaintiff contended was violation of FCRA. FCRA allowed exchange of credit data to entities intending to make firm offer of credit to consumers. Moreover, record showed that plaintiff did not learn of his presence on instant list until five years after tender of list to third-party, and plaintiff did not allege that defendant had shared list with entity that was not intending to make firm offer to plaintiff. Also, plaintiff conceded that third-party had probably made offer of credit or insurance, and that he probably would have thrown said offer away. Accordingly, any injury would have been too remote and speculative to support any standing to bring instant lawsuit. Dist. Ct. also did not err in dismissing for lack of standing, defendant’s counterclaim alleging that plaintiff violated FCRA by obtaining prescreened list to initiate instant lawsuit against defendant, where defendant’s counterclaim was not in FCRA’s zone of interests in protecting consumers’ right to privacy in their credit data.