Wrigley v. Dun & Bradstreet, Inc.

• Decision Date: 15 March 1974
• Docket Number: Civ. A. No. 19348.
• Parties: Norman J. WRIGLEY, Jr., Plaintiff, v. DUN & BRADSTREET, INC., a Delaware corporation.
• Court: U.S. District Court — Northern District of Georgia

375 F. Supp. 969

Norman J. WRIGLEY, Jr., Plaintiff, v. DUN & BRADSTREET, INC., a Delaware corporation.

Civ. A. No. 19348.

United States District Court, N. D. Georgia, Atlanta Division.

March 15, 1974.

Charles O. Baird, Jr., Hugh G. Head, Jr. and Kathleen Kessler, Atlanta, Ga., for plaintiff.

Hugh M. Dorsey, Jr. and W. Rhett Tanner (Hansell, Post, Brandon & Dorsey), Atlanta, Ga., for defendant.

ORDER

MOYE, District Judge.

This is an action brought by Mr. Wrigley against Dun & Bradstreet pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., for damages he allegedly incurred as a result of Dun & Bradstreet's issuance of a credit report which contained information on Mr. Wrigley's criminal convictions and the adjudication of bankruptcy of Wrigley Sales, Inc. The action is presently before the Court on Dun & Bradstreet's motion for summary judgment and Mr. Wrigley's motion to strike Dun & Bradstreet's first defense.

Dun & Bradstreet's motion for summary judgment is predicated on the proposition that the Fair Credit Reporting Act, which applies only to "consumer reporting," is not applicable to the facts of this case. Dun & Bradstreet points out that the credit report which forms the factual foundation for this action was issued by Dun & Bradstreet on Wrigley Construction Co. to enable Dun & Bradstreet subscribers to evaluate the risk in extending commercial credit to the Wrigley Construction Co. Dun & Bradstreet concludes that this credit report was not a "consumer" report and that the Fair Credit Reporting Act, therefore, does not apply. Furthermore, Dun & Bradstreet notes that Mr. Wrigley does not complain of a loss of personal (consumer) credit. Wrigley instead seeks damages for the loss of credit to his construction business, Wrigley Construction Co.

The Fair Credit Reporting Act, 15 U. S.C. § 1681 et seq., was enacted "to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy" and "to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for . . . information in a manner which is fair and equitable to the consumer . . . ." 15 U.S.C. § 1681. As can be easily seen from the preceding quote, the Act applies only to "consumer reports." The Act defines "consumer reports" as:

". . . any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (1) credit or insurance to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) other purposes authorized under section 1681b of this title. The term does not include (A) any report containing information solely as to transactions or experiences between the consumer and the person making the report; (B) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (C) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys this decision with respect to such

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