*1 nоted, judgment. The the intense district court found no rea- previously ground. As racing industry justi- is grant declaratory injunctive son to re- regulation of the wagering public of lief. We find no abuse of If fied because discretion. Substance abuse races. outcome of comply the Commission ceases to with the most visible human are the jockeys, who rules, proposed confidentiality jockeys sport, public could affect in the participants may return to court with a new lawsuit. integrity sport. of that in the confidence contеntions, privacy Their in the circum- appearance in the state’s interest While the case, ripe adjudi- stances of this are not participants, it is integrity reaches all cation. respect jockeys. obviously greatest with principle governing equal protection is The Conclusion rationally step take one may the state proffered conclude that none We See, e.g., v. Lee at a time. Williamson grounds for reversal of the district court’s 483, 489, Inc., 348 U.S. S.Ct. Optical, judgment judgment have merit. The will (1955) (“Or 461, 465, the re- L.Ed. 563 respects. therefore affirmed all time, step one at a address- form take problem which ing phase itself mind.”); legislative to the
seems most acute Agency, Inc. v. New
Railway Express 106, 110, 463,
York, 465- 336 U.S. S.Ct.
66,
(1949) (“It
require-
is no
ment of or none at genus
the same be eradicated all.”). jock- Thus we find no merit HOUGHTON, Donna M. challenge. eys’ equal protection Right Privacy The
C.
v.
jockeys
The
contend that the breath
NEW JERSEY MANUFACTURERS
testing,
alyzer and urine
which involve
COMPANY,
INSURANCE
information, violate
collection of medical
Appellant.
rights
privacy
respect
their
to such
No. 85-1601.
Supreme
information. While both the
recognized
and this
have
Court
Appeals,
United States Court of
information,
right
privacy
in medical
Third Circuit.
governmental
may support
concerns
the ac
2,
Argued June
1986.
the infor
cess to such information where
17,
July
Decided
protected
from unauthorized dis
mation
589,
Roe,
closure.
v.
429 U.S.
See Whalen
(1977);
97 S.Ct.
United v. Electric States Cir.1980). (3d
Corp., 638 F.2d racing integrity
Commission’s concern for
justifies breathalyzer its access to the and-
urinalysis jockeys’ information. The con
cern, therefore, confidentiality. is limited to jockeys regulatory concede that concerning confidentiality,
amendments
proposed pending while their action was put into effect the Commission be final, becoming see N.J.Admin.Code
fore 13, 70:14A.ll(f) (1985), satisfy
tit.
their concerns if the amendments were en declаratory injunction
forced or a *2 Shaw, Jr., (argued),
Albert S. Patricia L. Arcuri, McCracken, Montgomery, Walker Rhoads, Philadelphia, appellant. & Pa. for Branca, Norristown, (argued), Thomas C. appellee. Pa. for Christie, Gold, preprinted provided by James W. Alan S. Griffith On a form Burr, P.C., Pa., Philadelphia, Equifax, specifically requested for amicus & curiae, Services, investigation Inc. include: “Activities accident”; (2) since date of fully “Cover Adler, Roll, Steptoe David L. Matthew H. (Illness, past history injuries, hospi- health (A. Johnson, D.C., Washington, & James talization, etc.)”; “General Finan- Ass’n, Brodsky, Amеrican Ins. New York *3 (Income, etc.).” cial property, Information counsel), curiae, City, for amicus Ameri- App. Equifax at 163a. Neither nor NJMI can Ins. Assn. Houghton request- notified that NJMI had ed ALDISERT, Judge, Before Chief and SLOYITER, Judges.
GARTH and Circuit 22, May 1979, Equifax On submitted to three-page report. App.
NJMI a at 164a. report THE COURT included information OPINION OF based on Houghton’s neigh- interviews with four of ALDISERT, Judge. Chief bors, previous report a regarding an insur- appeal requires This us to decide wheth- claim by Houghton’s ance made mother-in- recipient investigative report an еr the law, Montgomery records, Court County prepared personal inju- for the defense of a previous reports search for Houghton, ry violating claim be held liable existing and an examination of “credit provisions notice and disclosure of the Fair report files.” The stated: “We did check (FCRA), Reporting Act Credit U.S.C. available credit files a confidential seq. relating “investigative 1681 et source, and up we are unable to come with reports” request it did not when irregularities.” financial App. at 164a. face, report, such a and the on its copy A was forwarded to NJMI’s counsel appear investigative did not to be an con- November, 1979, and in NJMI settled the sumer as defined in the statute. Houghton. case with The district court determined that the re- later, years 21, four Some on October cipient violated the FCRA’s notice and dis- 1983, Houghton first learned of the exist- requirements, closure and awarded dam- Equifax report, ence of and re- ages (1985). We conclude quested several times that NJMI disclose erred, that the district court and will therе- her, repeated- its substance to which NJMI fore reverse. ly refused A year to do. later she filed this against alleging action NJMI inter alia I. that NJMI had violated the FCRA.1 On On November Donna M. summary cross judgment, motions for Houghton was involved in an automobile Equifax district court ruled that the Rosenfeld, collision with Bernice P. an in- investigative an as defendant, sured of Jersey New Manufac- FCRA, 407a-14a, app. defined at (NJMI). turers Insurance Company On notify Houghton and that NJMI’s failure to 16, 1979, plaintiff March against filed suit request subsequent of its and its refusal to injuries Rosеnfeld for resulting from the disclose the therefore violated collision, including a claim for earn- lost 1681d(a) 1681d(b). FCRA and Id. at ings. 414a-17a.2 After a bench trial on dam- May requested On ages, NJMI Houghton awarded Services, Inc., $7,000.00 conduct an investi- compensatory punitive and gation Houghton $7,770.00 prepare fees, and damages, attorney’s written court, however, alleged also that NJMI had violated 2. The federal found no or state violation, right privacy her under the United States and constitutional and found that NJMI constitutions, Pennsylvania privacy Houghton's privacy invaded her had not invaded or inten- law, Pennsylvania tionally upon common and inten- inflicted emotional distress her. tionally upon App. inflicted emotional distress her. at 417a-23a. $1,284.66 423a, at Determining costs. Id. 427a. report Equifax that the sub- appeals. NJMI now mitted “investigative to NJMI was an con- report,” sumer the court said that NJMI
II. was liable for not notifying or disclosing challenges Before us NJMI the district report Houghton. disagree. We Be- Equifax report court’s that the re cause NJMI did not investiga- quested by investigative NJMI anwas con Equifax, tive consumer from meaning within the of FCRA report, face, because the on its did not 1681a(d). challenges also the de appear to be an consumer re- termination that it violated the FCRA port Equifax, from because the providing Houghton notice and disclo face, on its appear did not to be an investi- required by sure as the FCRA. Because gative as defined in the liability by summary was determined statute, we have decided that NJMI cannot judgment, apply we the same standard as be held liable for its failure comply *4 court; the district we must determine the Act’s notice and provisions. disclosure genuine whether “no issue as to a material trial, fact for and that the mov remain[ed] A. ing party judgment entitled to as a [was] matter of law.” Goodman v. The district persuaded Mead John court was that 566, (3d Cir.1976), son 534 F.2d 573 & NJMI had violated 1681d of the FCRA. § denied, cert. 429 U.S. 97 S.Ct. 50 This section covers only investigative con- (1977). L.Ed.2d 748 Review of the district reports requires sumer and persons all who questions court’s resolution of “procure law is or cause to prepared” bе investi- plenary. See id. at 574. We are satisfied gative reports consumer notify to consum- that, essence, appeal distilled to its this ers reports pertain, to whom the and to presents questions of statutory construc reports disclose upon to them request.3 tion. Otherwise, unless adverse pertaining action credit, insurance, to employment or is tak-
III. en, 1681m, recipients (here, see or users § first NJMI) NJMI contests the district court’s of the information obtained from a determination that NJMI violated reporting consumer duty have no agency FCRA notifying Houghton not notify, to, that it any or disclose information requested had investigative an instances, consumer consumer. In those the Act af- report on argues her. It next that protection fords consumers through district court erred in concluding 1681g, requires which report- consumer § NJMI’s failure report (here, to disclose ing agencies Equifax) to disclose in- Houghton upon request her violated the formation in their files to the consumer FCRA. upon request.4 provides: 3. FCRA period § 1681d receipt by of time after the him оf the required by (a)(1) disclosure subsection (a) person may procure A not or cause to complete this section shall make a and accu- prepared investigative report be an consumer scope rate disclosure of the nature and of the any on consumer unless— investigation requested____ (1) clearly accurately it is and disclosed to 15 U.S.C. 1681d. investigative the consumer that an consumer made, ... and such disclosure 1681g requires reporting Section consumer (A) mailed, writing is made in a or otherwise agencies consumer, upon disclose to a re- delivered, consumer, to the not later than nature, quest, substance, and sources of in- days three after the date on which the pertain formation in their files that to the con- requested was first (2). 1681g(a)(l) sumer. U.S.C. All recipients (b) reports of consumer Any must also be procures or causes to However, 1681g(a)(3). identified. Id. prepared investigative this consumer shall, requiring pertains only section disclosure upon request consumer written reporting agencies (e.g., Equifax), made cоnsumer within a reasonable (S.D.N.Y.1981),
B.
the district
court determined that because the credit
face,
request, on its
did
Because NJMI’s
Equifax
information referred to in the
re-
investigative
Equifax
not
for an
con-
ask
port
“originally
collected
for one
...
report, we conclude that
can-
1681b,”
listed in
the re-
1681d(a),
violating
for
not be held liable
port
was a consumer
as defined
provision
notice
of the Act.
App.
the FCRA.
at 411a.
other
Because
every
Not
issued from
or portions
were obtained
reporting agencies quаli-
other consumer
interviews,
the court also conclud-
investigative
as an
fies
“investigative
ed that it was an
definition
under the statute.
report,” and found NJMI liable under
report”
provides that a “consumer
is a
1681d(a) for
providing
notice to
report:
requested
when it
expected
to be used or collect
[U]sed
Equifax.
from
Id. at 415a n. 12.
part
purpose
in whole or
for the
ed
Our examination of
the statute
serving
establishing
as a factor in
interpretation.
leads to a different
NJMI’s
(1)
eligibility for
credit or in
consumer’s
“per
indicated that it concerned a
primarily
person
surance to be used
injury
sonal
claim.” App. at
It
163a.
al,
family,
or household
“Special
asked for a
Activities Check” lim
employment purposes,
pur
other
Information,”
ited to “General Financial
poses authorized under section 1681b of
accident,”
“Activities since date of
this title.
“past
history.”
health
Nothing
Id.
in the
1681a(d).
An
con-
*5
15 U.S.C. §
request indicated that NJMI desired a re
particular species of con-
sumer
is a
port
purpose
on
for a
encom
report:
sumer
рassed
statutory
within the
definition of an
(e)
“investigative
The term
consumer
investigative
report.
consumer
The re
report”
por-
means a consumer
or
quest
only
genuineness
concerned
the
in
tion thereof
which information on a Houghton’s personal injury claim and not
character, general
reputa-
consumer’s
“eligibility
her
for ... credit or insurance
tion,
characteristics,
personal
or mode of
employment____”
or
15 U.S.C.
living
through personal
is obtained
inter-
1681a(d).
neighbors, friends,
views with
or associ-
therefore hold thаt
We
because NJMI did
reported
ates of the consumer
or
on with
not
consumer re-
acquainted
others with whom he is
or
port
Houghton,
required
no notice was
may
knowledge concerning any
have
1681d(a). The district
court erred
such items of information.
finding
in
otherwise.
1681a(e).
Id. §
IV.
Relying on Heath v. Credit Bureau of
Sheridan,
Inc.,
(10th
the definition to include information
ered to substantiate insurance claims. Id. reasoning provides I
at 831. believe that
ample basis for the conclusion that
relationship between and NJMI type not the of business transaction 1681b(3)(E). encompassed by § SPECIALIZED CARRIERS & RIGGING ASSOC., Appellant, compelled 4. If we were to make a de- 1681b(3)(E), finitive construction of and I v. not, prefer think we are I would the read- VIRGINIA; COMMONWEALTH OF Ha- ing suggested majori- statute Suthard, King; Appellees. rold C. R.L. ty’s opinion, adopted by it. The but not No. 85-2059. majority general notes that “when words specific follow an enumеration of terms the Appeals, United States Court of general words are construed to embrace Fourth Circuit. only objects similar in nature to those ob- Argued jects Feb. 1986. preceding specific enumerated words.” Majority Thus, at 1150. subsec- July Decided 1986. (E) tion encompasses types of business transactions similar to those set forth in (A) through (D),
subsections but is not
strictly Although limited to them. I cannot
anticipate types all of the of business trans- (E)
actions to which apply subsection my construction, I believe the section permit
should be read to a consumer re- 603(d)(1)), example, pamphlet 2. For in an FTC on the or in connection with “under- FCRA, following appears: writing involving of insurance the consumer” REPORTS”, (Section Further, 604(3)(C)). Question: Are "CLAIMS “AD- such a reports JUSTMENT REPORTS” or other ob- not obtained in connection with “a business tained an insurer in connection with an (Section transaction the consumer” report? insurance claim a consumer 604(3)(E)), at the time it is obtained. Accord- No, Answer: not at the time obtained. A ingly, such a claims is not a "consumer on a consumer obtained an insur- report". company ance against in connection with a claim 11,307 59,- (CCH) 5 Consumer Credit Guide at it, is not used to determine a consum- (1977) (footnote omitted). (Section "eligibility" er's insurance
