Tuesday, August 16, 2005

Reynolds v. Hartford Financial Svcs Group (9th Cir. - Aug. 4, 2005)

A practically significant case. Judge Reinhardt holds that the Fair Credit Reporting Act requires an adverse action notice when the rate that an insurance company charges you is increased because of your credit score, even if that increased rate is for your initial policy (as opposed to a renewal). This is an important issue of first impression (on which a number of amici filed briefs), and is surely important to anyone in the Ninth Circuit.

The opinion also goes into a lot of detail, and make a number of vital subsidiary rulings as well. It's the type of ruling that you'll appreciate if you prefer appellate opinions that are easy to follow and apply by parties and district courts. Plus, you've got to appreciate the fact that, even on a difficult issue of first impression, the panel is (basically) unanimous notwithstanding its composition: Reinhardt, Berzon, and Bybee.

Worth a read.