Hector Huertas v. Citigroup Inc, 639 F. App'x 798 (3rd Cir. 2016). · Go Syfert
Hector Huertas v. Citigroup Inc, 639 F. App'x 798 (3rd Cir. 2016). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 3 distinct courts.
Strongest positive: Michael Moorefield v. JP Morgan Chase Bank, N.A. (pawd, 2026-03-23)
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Michael Moorefield v. JP Morgan Chase Bank, N.A.
W.D. Pa. · 2026 · confidence medium
To that end, he argues that he could state a claim against Defendant under § 1681b alleging impermissible use of consumer reports but the Court of Appeals has recognized that the statute expressly “authorizes an offeror of credit to access a consumer’s credit report ‘when the consumer applies for credit.’” Huertas v. Citigroup, Inc., 639 F. App’x 798, 800 (3d Cir. 2016) (quoting Gelman v. State Farm Mut.
discussed Cited as authority (rule) SHARROCK v. RADIUS GLOBAL SOLUTIONS LLC
E.D. Pa. · 2024 · confidence medium
These allegations appear to relate to § 1681b(c), which “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer to extend to the consumer a ‘firm offer of credit.’” , 639 F. App’x 798, 800 (3d Cir. 2016) ( ).
discussed Cited as authority (rule) SHARROCK v. PORTFOLIO RECOVERY ASSOCIATES, LLC
E.D. Pa. · 2023 · confidence medium
These allegations appear to relate to § 1681b(c), which “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit.’” , 639 F. App’x 798, 800 (3d Cir. 2016) ( ).
discussed Cited as authority (rule) SHARROCK v. RADIUS GLOBAL SOLUTIONS LLC.
E.D. Pa. · 2023 · confidence medium
These allegations appear to relate to § 1681b(c), which “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit.’” , 639 F. App’x 798, 800 (3d Cir. 2016) ( ).
discussed Cited as authority (rule) SHARROCK v. MIDLAND CREDIT MANAGEMENT, INC.
E.D. Pa. · 2023 · confidence medium
These allegations appear to relate to § 1681b(c), which “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit.’” , 639 F. App’x 798, 800 (3d Cir. 2016) ( ).
discussed Cited as authority (rule) LAWSON v. PORTFOLIO RECOVERY ASSOCIATES, LLC
E.D. Pa. · 2023 · confidence medium
Further, § 1681b(c), “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit,’” Huertas v. Citigroup, Inc., 639 F. App’x 798, 800 (3d Cir. 2016) (per curiam), but these provisions would be inapplicable if PRA reviewed Lawson’s consumer report in connection with an effort to collect upon an account.
discussed Cited as authority (rule) LAWSON v. MIDLAND CREDIT MANAGEMENT, INC.
E.D. Pa. · 2023 · confidence medium
Further, § 1681b(c), “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit,’” Huertas v. Citigroup, Inc., 639 F. App’x 798, 800 (3d Cir. 2016) (per curiam), but these provisions would be inapplicable if MCM reviewed Lawson’s consumer report in connection with an effort to collect upon an account.
discussed Cited as authority (rule) LAWSON v. RADIUS GLOBAL SOLUTIONS LLC
E.D. Pa. · 2023 · confidence medium
Further, § 1681b(c), “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit,’” Huertas v. Citigroup, Inc., 639 F. App’x 798, 800 (3d Cir. 2016) (per curiam), but these provisions would be inapplicable if RGS reviewed Lawson’s consumer report in connection with an effort to collect upon an account.
discussed Cited as authority (rule) LAWSON v. PORTFOLIO RECOVERY ASSOCIATES, LLC
E.D. Pa. · 2023 · confidence medium
(Compl. at 3-4.) These allegations appear to relate to § 1681b(c), which “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit.’” Huertas v. Citigroup, Inc., 639 F. App’x 798, 800 (3d Cir. 2016) (per curiam).
discussed Cited as authority (rule) LAWSON v. RADIUS GLOBAL SOLUTIONS LLC
E.D. Pa. · 2023 · confidence medium
(Compl. at 2-3.) These allegations appear to relate to § 1681b(c), which “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit.’” Huertas v. Citigroup, Inc., 639 F. App’x 798, 800 (3d Cir. 2016) (per curiam).
discussed Cited as authority (rule) LAWSON v. MIDLAND CREDIT MANAGEMENT, INC.
E.D. Pa. · 2023 · confidence medium
(Compl. at 2-3.) These allegations appear to relate to § 1681b(c), which “authorizes an offeror of credit to access certain information from a consumer’s credit report” either with the consumer’s consent or “without any prior contact from the consumer in order to extend to the consumer a ‘firm offer of credit.’” Huertas v. Citigroup, Inc., 639 F. App’x 798, 800 (3d Cir. 2016) (per curiam).
discussed Cited as authority (rule) ANTHONY v. TRANSUNION
E.D. Pa. · 2023 · confidence medium
See 15 U.S.C. §§ 1681b(a)(1), (3); Huertas v. Citigroup, Inc., 639 F. App’x 798, 801 (3d Cir. 2016 ) (per curiam) (“The plain text of § 1681b(a)(3)(A) authorizes the access of credit reports when a consumer applies for credit.”); see also Mathews v. Verizon Commc’ns Inc., No. 19-21442, 2020 WL 5201407 , at *8 (D.N.J.
discussed Cited as authority (rule) FRAZIER v. EXPERIAN INFORMATION SOLUTIONS
E.D. Pa. · 2023 · confidence medium
See 15 U.S.C. §§ 1681b(a)(1), (3); Huertas v. Citigroup, Inc., 639 F. App’x 798, 801 (3d Cir. 2016 ) (per curiam) (“The plain text of § 1681b(a)(3)(A) authorizes the access of credit reports when a consumer applies for credit[.]”).
discussed Cited as authority (rule) REILLY v. VIVINT SOLAR
D.N.J. · 2021 · confidence medium
The Third Circuit has recognized that “§ 1681b(a)(3)(A) authorizes access to a consumer’s credit report ‘when the consumer applies for credit[.]’” Huertas v. Citigroup, Inc., 639 Fed.
discussed Cited as authority (rule) REILLY v. VIVINT SOLAR
D.N.J. · 2020 · confidence medium
The Third Circuit has recognized that “§ 1681b(a)(3)(A) authorizes access to a consumer’s credit report ‘when the consumer applies for credit[.]’” Huertas v. Citigroup, Inc., 639 Fed.
discussed Cited as authority (rule) LITTLEJOHN v. VIVINT SOLAR
D.N.J. · 2020 · confidence medium
The Third Circuit has recognized that “§ 1681b(a)(3)(A) authorizes access to a consumer’s credit report ‘when the consumer applies for credit[.]’” Huertas v. Citigroup, Inc., 639 Fed.
Retrieving the full opinion text from the archive…
Hector L. HUERTAS, Appellant,
v.
CITIGROUP, INC.; Equifax Information Services, LLC; Citibank, N.A
15-2340.
Court of Appeals for the Third Circuit.
Feb 22, 2016.
639 F. App'x 798
Hector L. Huertas, Camden, NJ, pro se., Joan P. Depfer, Esq., Marshall, Denne-hey, Warner, Coleman & Goggin, Philadelphia, PA, for Defendant-Appellee., Debra M. Albanese, Esq., Traflet & Fabian, Morristown, NJ, for Defendant.
Fuentes, Vanaskie, Scirica.
Cited by 17 opinions  |  Unpublished

OPINION *

PER CURIAM.

Hector L. Huertas appeals from the District Court’s orders entering summary judgment against him and denying reconsideration of that ruling. We will affirm.

I.

Huertas is a frequent pro se litigant who has brought several previous suits under the Fair Credit Reporting Act (“FCRA”) against various defendants, including Citigroup, Inc. See, e.g., Huertas v. Galaxy Asset Mgmt., 641 F.3d 28 (3d Cir.2011); In re Huertas, 360 Fed.Appx. 357 (3d Cir. 2010). In this case, he filed suit under the FCRA against Citigroup, Inc. and Citibank, N.A. (collectively, “Citibank”) on the basis of events occurring after Citibank sent him two solicitations to apply for credit cards. Both solicitations invited Huertas to apply for credit and notified him that, if he did, “[w]e may gather information about you, including from ... credit bureaus ... to verify your identity and determine your eligibility for credit.” Huertas submitted applications for credit cards in response to these solicitations, but Citibank denied his applications.

Huertas then filed suit alleging that Citibank improperly accessed his credit report after he submitted his applications. (He also named as a defendant the entity that provided Citibank with his report, but he later dismissed his claims against that entity and they are - not at issue here.) In particular, Huertas alleged that Citibank accessed his report for an impermissible purpose in violation of 15 U.S.C. § 1681b(f) and that it did so under “false pretenses” in violation of 15 U.S.C. § 1681q. He based these allegations on the additional allegation that Citibank’s solicitations were not “firm offers of credit” within the meaning of 15 U.S.C. § 1681b(c)(l)(B).

[*800] Huertas ultimately filed a Second Amended Complaint after the parties engaged in discovery, and Citibank filed a motion to dismiss. The District Court, after notice to the parties, converted the motion into one for summary judgment and granted it. The District Court concluded that Citibank was authorized to access Huertas’s credit report pursuant to 15 U.S.C. § 1681b(a)(3)(A) because Huertas had applied for credit. The District Court further concluded that whether Citibank’s solicitations were “firm offers of credit” was irrelevant to that issue. (The District Court also rejected two other claims that Huertas asserted, but we do not address them because he has not raised them on appeal.) Huertas filed a motion for reconsideration, which the District Court denied. Huertas appeals. [1]

II.

We will affirm for the reasons explained by the District Court. Huertas’s claim implicates (and conflates) two situations in which the FCRA authorizes an offeror of credit to access a consumer’s credit report. In the first situation, the FCRA authorizes an offeror of credit to access certain information from a consumer’s- credit report without any prior contact from the consumer in order to extend to the consumer a “firm offer of credit.” See 15 U.S.C. § 1681b(e)(l)(B)(i); Gelman v. State Farm Mut. Auto. Ins. Co., 583 F.3d 187, 191 (3d Cir.2009). In the second situation, the FCRA authorizes an offeror of credit to access a consumer’s credit report “when the consumer applies for credit[.]” Gelman, 583 F.3d at 191 (quotation marks omitted). The FCRA does so by permitting access to a credit report “in connection with a credit transaction involving the consumer ... and involving the extension of credit to ... the consumer.” 15 U.S.C. § 1681b(a)(3)(A).

As the District Court explained, Huer-tas’s claim is governed by this second provision, and not the “firm offer” provisions of § 1681b(c)(l)(B), because Huertas does not allege that Citibank accessed his credit report before sending its solicitations. Instead, he alleges that Citibank accessed his credit report only after he responded to the solicitations by applying for credit. Thus, Citibank was authorized by § 1681b(a)(3)(A) to access Huertas’s credit report when it did because it did so after he applied for credit.

Huertas argues that this provision does not apply because he did not “initiate” contact with Citibank but applied for credit only after Citibank sent him its solicitations. Section § 1681b(a)(3)(A), however, is not limited to situations in which a consumer “initiates” contact with an offeror of credit and does not- address the initiation of contact at all. Huertas appears to be relying on our observation that, in enacting the FCRA, “Congress realized that disclosures of consumer credit reports are often the direct result of inquiries initiated by consumers themselves” and “allowed for disclosure in many such situations because they do not create significant privacy concerns.” Gelman, 583 F.3d at 191 (quotation marks omitted).

In so observing, however, we did not purport to limit § 1681b(a)(3)(A) to situa[*801] tions in which a consumer “initiates” the first contact with an offeror of credit. Instead, we noted merely that § 1681b(a)(3)(A) authorizes access to a consumer’s credit report “when the consumer applies for credit[.]” Id. The plain text of § 1681b(a)(3)(A) authorizes the access of credit reports when a consumer applies for credit, and Citibank was authorized to access Huertas’s credit report (as it advised him it could do) because he applied for credit. Accepting Huertas’s argument would mean that a credit card issuer somehow forfeits the right to inquire into an applicant’s creditworthiness by sending a solicitation that does not qualify as a “firm offer” even if the consumer then applies for credit. Huertas cites no authority in support of this interpretation of the FCRA, and we are aware of none. We have reviewed Huertas’s remaining arguments and conclude that they do not require discussion for the reasons adequately explained by the District Court.

III.

For these reasons, we will affirm the judgments of the District Court. Huer-tas’s motion and amended motion for “judicial notice” are denied, and his unopposed motion to supplement the record is granted. [2]

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

1

. We have jurisdiction under 28 U.S.C. § 1291. Our review of the District Court’s entry of summary judgment is plenary. See Fuges v. S.W. Fin. Servs., Ltd., 707 F.3d 241, 246 n. 8 (3d Cir.2012). We review the District Court’s denial of reconsideration for abuse of discretion but review it de novo to dle extent that it turns on an issue of law. See Burtch v. Milberg Factors, Inc., 662 F.3d 212, 220 (3d Cir.2011). The District Court denied Huertas's motion for sanctions as part of its motion denying reconsideration, but Huertas has not challenged the denial of sanctions on appeal.

2

. In his motions for "judicial notice,” Huer-tas essentially requests that we expand the record on appeal to include the transcript of a settlement conference and the stipulation of dismissal in his prior FCRA suit against Citibank. Huertas does not rely on these documents in his briefs, however, and they are of no conceivable relevance to any issue on appeal. The same is true of the document that is the subject of his motion to supplement the record, which is an exhibit that he filed with the District Court but that the District Court did not electronically docket. Citibank does not oppose that motion, however, and we see no reason not to grant it.