Is a Utility Subject to FCRA?

David A. Szwak

Is a Utility Subject to FCRA?

Postby David A. Szwak » Wed Nov 02, 2005 3:27 pm

THERE IS A SPLIT IN THE AUTHORITY BUT THIS CASE SAYS NO...OF COURSE THIS IS A PRE-1996 AMENDMENT CASE [IN 1996 1681S-2[B] WAS ADDED]...

Gatterman v. Rhodes, 898 F.2d 145, 1990 Westlaw 27288 [4th Cir.[Va.]] Feb. 28, 1990.

Gattermann appeals from the court's order dismissing her claims under the FCRA and other laws. The court found that public utilities regulated by the state are exempted from the requirements of the Truth-in- Lending Act. 15 U.S.C. s 1603[4]. Transactions solely between a consumer, such as Gattermann, and the author of a credit report, as Gattermann alleges Virginia Power to be, are not included under the FCRA. Dismissal affirmed.

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