Individual Reference Services Group v. Federal Trade Commission

145 F. Supp. 2d 6 (2001)

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Individual Reference Services Group v. Federal Trade Commission

United States District Court for the District of Columbia
145 F. Supp. 2d 6 (2001)

MJ

Facts

In 1999, Congress passed, and President Clinton signed, the Federal Financial Modernization Act, which was more commonly known as the Gramm-Leach-Bliley Act (GLBA). The GLBA was designed to promote competition in the financial industry, thereby benefiting consumers. But such increased competition could also harm consumer financial privacy. So, Congress imposed a number of controls on nonpublic financial information of consumers. Congress authorized the Federal Trade Commission (FTC) (defendant) to create regulations implementing the new law. Trans Union LLC (plaintiff), a consumer reporting agency, and several other entities (collectively, Trans Union) (plaintiffs) sued the FTC. Trans Union claimed that the GLBA was unlawful and unconstitutional. First, Trans Union claimed that the term “personally identifiable financial information” as used in the regulations was inconsistent with the statutory use of the term, thus violating the GLBA. Second, Trans Union argued that it was a nonfinancial institution, so the FTC could not regulate it. Finally, Trans Union argued that the regulations violated its First Amendment freedom of speech. The FTC disagreed and moved for summary judgment, claiming that the GLBA implementing regulations were not unlawful or unconstitutional.

Rule of Law

Issue

Holding and Reasoning (Huvelle, J.)

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