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ARTICLE · 13 NOVEMBER 2018

FCRA's Permissible Purpose Is Broad Enough To Overcome Attempted Restrictions By Consumer

Troutman Pepper Locke LLP
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Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act's permissible purpose includes use that disregards an attempted restriction request...

United StatesConsumer Protection
Ethan Ostroff
Ethan Ostroff
David Anthony
David Anthony
Keaton Stoneking
Keaton Stoneking
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Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act's permissible purpose includes use that disregards an attempted restriction requested by the consumer.

In Long v. Bergstrom Victory Lane, Inc., No. 18-cv-688, 2018 WL 4829192 (E.D. Wis. Oct. 4, 2018), consumer Emily Long alleged that automotive dealer Bergstrom Victory Lane violated the FCRA and state law by disregarding the limitations she requested in connection with her auto finance application.

Long claims she visited the dealership with pre-qualified financing already arranged from a specified lender. Long allegedly told the dealer's employee about her pre-qualification and advised them that she only granted permission to run her credit report for use with her specific lender and no other entity. Despite allegedly agreeing to Long's request, the dealer submitted her credit application to multiple other companies. Long claimed the

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