Crabtree v. Experian Information Solutions, Inc., No. 18-3405 (7th Cir. 2020)Annotate this Case
The Fair Credit Reporting Act (FCRA) prohibits consumer reporting agencies from releasing credit information except under circumstances enumerated in 15 U.S.C. 1681b, including to provide prospective lenders with "prescreen lists" of consumers who meet their criteria if the sharing results in a “firm offer of credit or insurance” to every consumer on that list." Experian compiles consumer information. Western had contracted to receive prescreen lists from Experian through agents. Experian provided its consumer data to Tranzact, which used that information to create prescreen lists, which it sold to a marketing agency, which then extended offers backed by Western to the consumers on the list. Experian terminated its contract with Western, with November 18, 2011, as the cutoff date. A prescreen list with Experian’s data went to Western on November 30, 2011. Neither company knew there was any problem. The list, which included Crabtree, was shared when it should not have been.
The Seventh Circuit affirmed the dismissal of Crabtree’s FCRA suit, noting that there was no evidence that anyone on the list did not receive a firm offer from Western. Crabtree, who claimed invasion of privacy and emotional distress, did not allege the requisite injury-in-fact to satisfy Article III’s case or controversy requirement. Experian’s alleged statutory violation, without further allegations of harm, was insufficient to establish a concrete injury.