WHITFIELD v. RADIAN GUAR., INC.

No. 05-5017.

501 F.3d 262 (2007)

Whitney WHITFIELD; Celeste Whitfield, on behalf of themselves and all others similarly situated, Appellants v. RADIAN GUARANTY, INC.

United States Court of Appeals, Third Circuit.

Filed: August 30, 2007.


Attorney(s) appearing for the Case

Joseph C. Kohn, Christina D. Saler, Kohn, Swift & Graf, P.C., Philadelphia, PA, Terry A. Smiljanich (Argued), Kathleen Clark Knight, Tamra C. Givens, James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, FL, for Appellants.

David Smith (Argued), Nancy Winkelman, Theresa E. Loscalzo, Jessica W. Troiano, Schnader Harrison Segal & Lewis LLP, Philadelphia, PA, for Appellee.

William Blumenthal, General Counsel, John F. Daly, Deputy General Counsel for Litigation, Lawrence DeMille-Wagman (Argued), Federal Trade Commission, Washington, DC, for Amicus Curiae, Federal Trade Commission in Support of Appellants.

Jeremiah S. Buckley, Matthew P. Previn, Jonathan D. Jerison, Kirk D. Jensen, Buckley Kolar, LLP, Washington, DC, for Amici Curiae, Mortgage Insurance Companies of America and Mortgage Bankers Association, and Consumer Mortgage Coalition in Support of Appellee.

Before: SLOVITER, RENDELL, and CUDAHY, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue presented in this appeal is whether the adverse action notice provisions of the Fair Credit Reporting Act ("FCRA") apply to the actions of a company that provides mortgage guaranty insurance ("MI") to a mortgage lender at a premium rate that is determined, in part, by information in the mortgage borrower's credit report. Our decision is informed in part by the recent opinion of the United States...

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