507 F.3d 540 (7th Cir. 2007), 06-4337, Forrest v. Universal Savings Bank, F.A.

Docket Nº:06-4337.
Citation:507 F.3d 540
Party Name:Mary FORREST, Plaintiff-Appellant, v. UNIVERSAL SAVINGS BANK, F.A., Defendant-Appellee.
Case Date:October 25, 2007
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 540

507 F.3d 540 (7th Cir. 2007)

Mary FORREST, Plaintiff-Appellant,


UNIVERSAL SAVINGS BANK, F.A., Defendant-Appellee.

No. 06-4337.

United States Court of Appeals, Seventh Circuit.

October 25, 2007

Argued Sept. 11, 2007.

Rehearing En Banc Denied Nov. 28, 2007.[*]

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 06 C 445-Aaron E. Goodstein, Magistrate Judge

Page 541

Robert K. O'Reilly (argued), Ademi & O'Reilly, Cudahy, WI, for Plaintiff-Appellant.

Victoria R. Collado (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Defendant-Appellee

Before RIPPLE, MANION, and WOOD, Circuit Judges.

MANION, Circuit Judge.

Mary Forrest filed suit on behalf of herself and a putative class against Universal Savings Bank, N.A. ("Universal") asserting that Universal had violated the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., by obtaining her credit information for an impermissible purpose. The parties consented to proceed before a magistrate judge, and Universal then filed a motion to dismiss. The magistrate judge granted Universal's motion before a class was certified, and the case was dismissed. Forrest appeals, and we AFFIRM.


Universal Savings Bank, N.A. ("Universal") sent Mary Forrest a letter with other materials notifying her that she was prequalified for a Visa credit card with a 10.99% variable annual percentage rate, no annual fee, and a credit line up to $15,000. The letter also stated that Forrest was qualified to receive a Delll Dimensionl 3000 desktop computer, or a comparable or upgraded model, with the card when she "transfer[ed] $5,000 of qualifying balances" and "maintained a balance of $3,500 for at least 18 months" on the card. In the case that Forrest did not have $5,000 to transfer to the credit card, she could request up to $2,500 in cash advances to meet the $5,000 minimum balance. Failure to maintain a $3,500 balance for the designated time period would result in a one-time $500 fee.

In addition to the specific information regarding fees and rate information set out in the letter, the enclosed printed materials also detailed the proposal:

Upfront Rewardsl and Balance Transfer Information. To establish an account and be eligible for an Upfront Rewardl, you must transfer qualifying balances of at least $5,000. You may also combine qualifying balance transfers of at least $2,500 with a special account opening advance of up to $2,500 to bring your balances up to $5,000. If your balance falls below $3,500 at any time during the first 18 months after your account is open, you will be in default and your account will be assessed a one-time fee of $500 (early pay-down fee). See also the TERMS OF OFFER below.

Finally, the printed material stated that "[i]n making this offer to you, we used credit information about you" to determine that "you satisfied the credit eligibility requirements for the credit product offered

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in this mailing. If we determine at the time you respond to the offer that you no longer satisfy the credit eligibility requirements that we previously established and you previously met, we may not extend credit to you."

Forrest did not submit an application to...

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