No. 22-10250.

72 F.4th 1212 (2023)

Shelly MILGRAM, a.k.a. Shelly Jaspan, Plaintiff-Counter Defendant-Appellant, v. CHASE BANK USA, N.A., Defendant-Counter Claimant-Third Party Plaintiff-Appellee, Capital One Bank (USA), N.A., et al., Defendants, Dec the Wals Interiors, CO., a/k/a Yolo Interiors, Defendant-Third Party Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: June 8, 2023.

Attorney(s) appearing for the Case

David Chami , Jenna Dakroub , Michael J. Plati , Consumer Attorneys, PLC, Scottsdale, AZ, Jason Stuart Weiss , Weiss Law Group, Coral Springs, FL, for Plaintiff-Counter Defendant-Appellant.

Brian C. Frontino , Alisa Marie Taormina , Morgan Lewis & Bockius, LLP, Miami, FL, Christine Ellice , Julia Strickland , Stroock & Stroock & Lavan, LLP, Los Angeles, CA, for Defendant-Counter Claimant-Third Party Plaintiff-Appellee, Defendants, and Defendant-Third Party Defendant-Appellee.

Karen S. Bloom , Justin Sandberg , Consumer Financial Protection Bureau, Office of the General Counsel, Washington, DC, for Amicus Curiae Consumer Financial Protection Bureau.

Jeffrey B. Wall , Morgan L. Ratner , Sullivan & Cromwell, LLP, Washington, DC, for Amici Curiae Chamber of Commerce of the United States of America, American Bankers Association, National Association of Federally-Insured Credit Unions, Independent Community Bankers of America, American Financial Services Association, Credit Union National Association, Consumer Bankers Association.

Jeffrey B. Wall , Sullivan & Cromwell, LLP, Washington, DC, for Amicus Curiae Mortgage Bankers Association.

Before Rosenbaum, Branch, and Brasher, Circuit Judges.

This is a case about square pegs and round holes. Or it could be about how, to a hammer, everything looks like a nail. The point is this: the Fair Credit Reporting Act has some important applications. But its cause of action isn't a great fit for the dispute here. Let us explain.

Shelly Milgram's employee opened, in Milgram's name,...


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