At page 1397 “protect consumers from the transmission of inaccurate information about them.”8 citing cases
- Palasi v. Transunion, LLC, No. 3:22-cv-01888 (S.D. Cal. Jan. 16, 2024).The 16 court concluded that “[r]equiring furnishers, on inquiry by a CRA, to conduct at least a 17 reasonable, non-cursory investigation comports with the aim of the statute to ‘protect 18 consumers from the transmission of inaccurate info…
- Abrogina v. Kentech Consulting, Inc., No. 3:16-cv-00662 (S.D. Cal. Oct. 17, 2023).“These 12 consumer oriented objectives support a liberal construction of the FCRA.” Id. (citing Kates 13 v. Croker National Bank, 776 F.2d 1396, 1397 (9th Cir. 1985)). 14 Here, Plaintiff alleges two claims under the FCRA: one under § 1681e…
- Richard Zabriskie v. fnma/fannie Mae, No. 17-15807 (9th Cir. Oct. 8, 2019).publishedIts “legislative history . . . reveals that it was crafted to protect consumers from the transmission of inaccurate information about them . . .” Id. (citing Kates v. Croker National Bank, 776 F.2d 1396, 1397 (9th Cir. 1985)).
- Richard Zabriskie v. fnma/fannie Mae, 912 F.3d 1192 (9th Cir. 2019).publishedIts “legislative history . . . reveals that it was crafted to protect consumers from the transmission of inaccurate information about them . . .” Id. (citing Kates v. Croker National Bank, 776 F.2d 1396, 1397 (9th Cir. 1985)).
- Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 (9th Cir. 2009).publishedRequiring furnishers, on inquiry by a CRA, to conduct at least a reasonable, non-cursory investigation comports with the aim of the statute to “protect consumers from the transmission of inaccurate information about them.” Kates v. Crocker…
- Gorman v. Wolpoff & Abramson, LLP, 552 F.3d 1008 (9th Cir. 2009).publishedRequiring furnishers, on inquiry by a CRA, to conduct at least a reasonable, non-cursory investigation comports with the aim of the statute to “protect consumers from the transmission of inaccurate information about them.” Kates v. Crocker…
- Bagby v. Experian Info. Solutions, Inc., 162 F. App'x 600 (7th Cir. 2006).unpublishedKates v. Crocker National Bank, 776 F.2d 1396, 1397 (9th Cir. 1985).
- Renie Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329 (9th Cir. 1995).publishedThe legislative history of the FCRA reveals that it was crafted to protect consumers from the transmission of inaccurate information about them, Kates v. Croker National Bank, 776 F.2d 1396, 1397 (9th Cir.1985); see also St.
At page 1398 California law does not recognize the recovery of damages by individuals for unfair business practices8 citing cases
- Burt on Behalf of McDonnell Douglas v. Danforth, 742 F. Supp. 1043 (E.D. Mo. 1990).publishedBank, 776 F.2d 1396, 1398 (9th Cir.1985), and Newport Components v. NEC Home Electronics, 671 F.Supp. 1525, 1550-1551 (C.D.Cal.1987).
- Jackson v. Bank of Hawaii, 902 F.2d 1385 (9th Cir. 1990).publishedSee, e.g., Parker, 848 F.2d at 121; Kates v. Crocker Nat'l Bank, 776 F.2d 1396, 1398 (9th Cir.1985).
- Newport Components, Inc. v. NEC Home Elec. (U.S.A.), Inc., 671 F. Supp. 1525 (C.D. Cal. 1987).published(California law does not recognize the recovery of damages by individuals for unfair business practices)
- E.W. French & Sons, Inc., a California Corp. v. Gen. Portland Inc., a Delaware Corp., E.W. French & Sons, Inc., a California Corp. v. Gen. Portland Inc., a Delaware Corp., 885 F.2d 1392 (9th Cir. 1989).publishedSee Kates v. Crocker National Bank, 776 F.2d 1396, 1398 (9th Cir.1985); Meta-Film Associates, Inc. v. MCA, Inc., 586 F.Supp. 1346, 1363 (C.D.Cal.1984). 55 Chern involved a dispute between a bank and a customer based on an allegation of fal…
- E.W. French & Sons, Inc. v. Gen. Portland Inc., 885 F.2d 1392 (9th Cir. 1989).publishedSee Kates v. Crocker National Bank, 776 F.2d 1396, 1398 (9th Cir.1985); Meta-Film Associates, Inc. v. MCA, Inc., 586 F.Supp. 1346, 1363 (C.D.Cal.1984).
- Karen L. Edwards v. Occidental Chem. Corp., 892 F.2d 1442 (9th Cir. 1990).publishedSee e.g., Kates v. Crocker National Bank, 776 F.2d 1396, 1398 (9th Cir.1985); In re Municipal Bond Reporting Antitrust Litigation, 672 F.2d 436 , 439 n. 6 (5th Cir.1982); Werner v. Hearst Publishing Co., 297 F.2d 145, 149 (9th Cir.1961).
- Little Oil Co., Inc. v. Atl. Richfield Co., 852 F.2d 441 (9th Cir. 1988).publishedSee also Kates v. Crocker National Bank, 776 F.2d 1396, 1398 (9th Cir.1985) (citing Chern, 127 Cal.Rptr. at 115 , 544 P.2d at 1315 , for the proposition that California law does not recognize the recovery of damages by individuals for unfa…
- Little Oil Co. v. Atl. Richfield Co., 852 F.2d 441 (9th Cir. 1988).publishedSee also Kates v. Crocker National Bank, 776 F.2d 1396, 1398 (9th Cir.1985) (citing Chern, 127 Cal.Rptr. at 115 , 544 P.2d at 1315 , for the proposition that California law does not recognize the recovery of damages by individuals for unfa…
Other citing cases
- Break-Away Tours, Inc. v. British Caledonian Airways, 704 F. Supp. 178 (S.D. Cal. 1988).published
- Gausvik v. Perez, 392 F.3d 1006 (9th Cir. 2004).published
- Gausvik v. Perez, 392 F.3d 1006 (9th Cir. 2004).published
- MacKay v. Pfeil, 827 F.2d 540 (9th Cir. 1987).published
- Mackay v. Pfeil, 827 F.2d 540 (9th Cir. 1987).published
- Wallace Shah v. Cnty. of Los Angeles, Deputy Sheriff W. Corette, Deputy Sheriff Matsumoto, 797 F.2d 743 (9th Cir. 1986).published
v.
CROCKER NATIONAL BANK, Defendant-Appellee
Lawrence Kates brought suit charging Crocker National Bank with violations of the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), Unfair Business Practices[*1397] (Cal.Bus. & Prof.Code § 17200 et seq.), and Invasion of Privacy. These claims were based on Crocker’s conduct in sending notice to Kates that he might be the subject of a future investigative consumer report. No report was ever made, and no investigation was ever commenced. Kates argues that the provisions of the FCRA were enacted to protect consumers, and that Crock-er is guilty of actionable misconduct in that it never intended to investigate, but used the threat of investigation to coerce him to pay the debt. Crocker moved for summary judgment as to the whole of Kates’ complaint on the grounds that Crocker had done no act to trigger the liability provisions of the FCRA, that California law does not recognize a private right of action to recover money damages for unfair business practices, and that no investigation was ever made to invade Kates’ privacy. The district court granted summary judgment to Crocker. Subsequently, Kates moved to amend his complaint to set out intentional infliction of emotional distress. The district court denied the motion.
On appeal Kates claims that the district court erred in granting the summary judgment. He argues that a wilful misrepresentation, used as a collection device, is in violation of the Act. [1]
Kates, a former Master Charge customer of Crocker, had exceeded his authorized credit limit in the Spring of 1983. Crocker sought to discuss the excess with Kates but was unsuccessful in its attempts to locate him. Thereafter, on May 27, 1983, Crocker cancelled Kates’ Master Charge account and sent him a “disclosure of Request for Investigative Consumer Report.” [2]
On June 1, 1983 after receiving notice that his card had been cancelled, Kates
contacted Crocker and subsequently brought his account current. Thus, no collection effort was necessary, and Crocker never performed a consumer investigation of Kates. [3]
On June 16, 1983, Kates made a written request for “disclosure of the nature and scope of the investigation” that had been requested by Crocker. Crocker never responded.
We review the grant of summary judgment de novo. Golden v. Faust, 766 F.2d 1339, 1340 (9th Cir.1985). We review the denial of leave to amend the complaint for an abuse of discretion. Jones v. Community Redevelopment Agency, 733 F.2d 646, 650 (9th Cir.1984).
The purpose of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., is to protect consumers from the transmission of inaccurate information about them. Even if Crocker’s conduct was as distasteful as Kates alleges, the Act is not activated until some investigation is done or some information is transmitted. Cf. Henry v. Forbes, 433 F.Supp. 5, 8-11 (D.Minn.1976) (because information was not used so as to be a “consumer report,” circumstances do not fall within the narrow bounds of FCRA coverage). Although the Act is to be liberally construed, it must be read consistently with its other provisions to give meaning to each. Cf. In re Rubin, 693 F.2d 73, 76 (9th Cir.1982); Mutschler v. Peoples Nat’l Bank, 607 F.2d 274, 276 (9th Cir.1979). There is no requirement in the Act that an investigation be made or a report issued. See, e.g., 15 U.S.C. § 1681d(a)(l), which requires the disclosure that “an investigative consumer report ... may be made____” Although the Act requires that the reporting or requesting en[*1398] tity furnish the consumer with a statement of the nature and scope of any investigation, 15 U.S.C. § 1681d(b), there can be no statement if no investigation has taken place. Crocker’s conduct was not proscribed by the Act.
California law does not recognize the recovery of damages by individuals for unfair business practices. Chern v. Bank of America, 15 Cal.3d 866, 875, 127 Cal. Rptr. 110, 115, 544 P.2d 1310, 1315 (1976); Committee on Children’s Television, Inc. v. General Foods Corp., 35 Cal.3d 197, 215 n. 16, 197 Cal.Rptr. 783, 794, 673 P.2d 660, 671 (1983). We need not consider the appropriateness of injunctive relief since that question was not before the district court.
Late in the proceedings, Kates moved to amend his complaint to state a cause of action for intentional infliction of emotional distress. He gave no reason for his delay. We find no abuse of discretion in the denial of the motion to amend. See M/V American Queen v. San Diego Marine Constr. Corp., 708 F.2d 1483, 1492 (9th Cir.1983).
AFFIRMED.
. Kates is deemed to have abandoned his invasion of privacy claim since he has not addressed the issue in his brief.
. This notice stated in pertinent part:
In accordance with the Fair Credit Reporting Act, please be advised that as part of our procedure for handling your credit, an investigation may be made whereby information is obtained through personal interviews with your neighbors, friends, or others with whom you are acquainted.
. In a telephone conversation with a Crocker employee, Kates was told that no investigation was contemplated or had ever been contemplated, but that the notice went out to him to facilitate Crocker’s collection efforts.