Andrews v. TRW

Andrea Andrews obtained the social security number of Adelaide Andrews (plaintiff). Over a two-year period, Andrea applied for credit from companies using Adelaide’s social security number. Each of these credit companies were subscribed to the services of TRW, Inc. (TRW) (defendant), a consumer-credit reporting agency, and requested that TRW provide the credit companies with Adelaide’s credit report. Because Andrea’s last name matched the social security number that TRW had on file, TRW treated the requests from the credit companies as if they involved Adelaide, and furnished Adelaide’s credit report to each company that submitted a request. Adelaide later learned of Andrea’s deception and asked TRW to delete Andrea’s fraudulent activity from Adelaide’s file. TRW complied with this request. Adelaide then filed a complaint against TRW, seeking damages based on TRW’s violation of the Fair Credit Reporting Act (Act), 15 U.S.C. § 1681. Adelaide alleged that TRW had furnished reports to companies without reasonable grounds for believing she was the consumer whom the credit application involved, in violation of 15 U.S.C. §§ 1681b and 1681e(a). Adelaide further claimed that TRW had failed to maintain reasonable procedures to ensure the accuracy of the information provided regarding individuals, in violation of 15 U.S.C. § 1681e(b). The district court granted summary judgment in favor of TRW as to the first claim, and the jury found in favor of TRW as to the second claim. Adelaide appealed.