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Perry v. First National Bank

459 F.3d 816 (2006)

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Perry v. First National Bank

United States Court of Appeals for the Seventh Circuit
459 F.3d 816 (2006)

  • Written by Heather Whittemore, JD

Facts

Thelma Perry (plaintiff) received a mailer from First National Bank (the bank) (defendant) offering her a preapproved credit card with a $250 credit limit. The mailer disclosed the terms of the credit card, which had an annual interest rate of almost 19 percent and imposed various fees that would result in a total of $175 on her account at the time of its opening. The mailer explained that Perry had been preapproved for the credit card after the bank consulted a copy of Perry’s credit report provided by a credit-reporting agency. Perry filed a lawsuit against the bank in federal district court. After filing her initial complaint, Perry moved to amend her complaint to allege that the bank violated the Fair Credit Reporting Act by accessing her credit report without making her a firm offer of credit. The Fair Credit Reporting Act allowed a creditor to access a consumer’s credit report without the consumer’s permission only if the creditor made the consumer a firm offer of credit. Perry argued that the bank’s credit card offer was a sham offer because, after factoring in the fees imposed by the terms of the card, the bank was only offering her $75 of credit. The district court denied Perry’s motion to amend, holding that the bank did make Perry a firm offer of credit. Perry appealed.

Rule of Law

Issue

Holding and Reasoning (Flaum, C.J.)

Dissent (Evans, J.)

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