Duncan V. Handmaker Book Reviews

Duncan V. Handmaker by Sixth Circuit U.S. Court of Appeals Book Summary

Information is power, as any good attorney knows. Those who hunger for information often need look no further than to a person's consumer report-which summarizes, among other things, credit history and credit worthiness. Given the value of this data, and the rise of the credit reporting industry, it is not surprising that Congress passed the Fair Credit Reporting Act (FCRA) to regulate consumer reporting agencies and the users of consumer reports. See generally Hovater v. Equifax, Inc., 823 F.2d 413, 416-17 (11th Cir. 1987). Nor is it surprising that some individuals seek to capitalize on general language in the FCRA and thereby construe it as allowing them access to the data they desire. In this appeal, the information-seekers-an attorney and his law firm-argue that the FCRA permits them to obtain consumer reports in the course of defending their client against a lawsuit. We conclude, however, that the FCRA does not generally permit consumer reports to be procured for this purpose. We also find genuine issues of fact with respect to whether the attorney and his firm may be held civilly liable for violations of the FCRA.

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