Jason Ray REYNOLDS; Matthew Rausch, Plaintiffs-Appellants,
v.
HARTFORD FINANCIAL SERVICES GROUP, INC.; Hartford Fire Insurance Company, Defendants-Appellees.
Ajene Edo, Plaintiff-Appellant,
v.
Geico Casualty Company, Defendant, and
Geico General Insurance Company; Geico Indemnity Company; Government Employees Insurance Company, Subsidiaries of Geico corporation, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 8, 2005.
Filed October 3, 2005.
Amended October 24, 2005.
Attorney(s) appearing for the Case
Steve D. Larson and Scott A. Shorr, Stoll Stoll Berne Lokting & Shlachter PC, Portland, OR, for Appellants Edo, Rausch, and Reynolds.
Robert D. Allen and Meloney Cargil Perry, Baker & McKenzie, Dallas, Texas; Christopher Van Gundy, Baker & McKenzie, San Francisco, CA; Thomas Gordon, Gordon & Polscer, LLC, Portland, OR, for Appellees GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, and Government Employees Insurance Company.
Lisa E. Lear, Douglas G. Houser, Loren D. Podwill, and Andrew Grade, Bullivant Houser Bailey PC, Portland, OR, for Appellees Hartford Financial Services Group, Inc., and Hartford Fire Insurance Company.
William E. Kovacic, General Counsel, John F. Daly, Deputy General Counsel for Litigation, and Lawrence DeMille Wagman, on behalf of the Federal Trade Commission as Amicus Curiae in support of Appellants Edo, Rausch, and Reynolds.
Gilbert T. Schwartz and Heidi S. Wicker, Schwartz & Ballen LLP, on behalf of The American Insurance Association, The Property Casualty Insurers Association of America, The National Association of Professional Insurance Agents, and The National Association of Mutual Insurance Companies, as Amicus Curiae in support of Appellees, Hartford Financial Services Group, Inc., and Hartford Fire Insurance Company.
Before REINHARDT, BERZON, and BYBEE, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
REINHARDT, Circuit Judge.
Under the Fair Credit Reporting Act ("FCRA"), insurance companies are required to send adverse action notices to consumers whenever they increase the rates for insurance on the basis of information contained in consumer credit reports. 15 U.S.C. §§ 1681a(k)(1)(B)(i), 1681m(a).1 The principal question before us is straightforward: Does FCRA's adverse action notice requirement apply to the rate first charged...
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