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Safeco Ins. Co. of America v. Burr: Defining Notification Requirements and Willfulness under the Fair Credit Reporting Act

Abstract

In a recent decision, the United States Supreme Court resolved a critical dispute regarding the interpretation of the Fair Credit Reporting Act ( FCRA ) and its notice requirement. In Safeco Ins. Co. of America v. Burr, the Court settled the definition of willful violation, a determination that will have enormous effects for insurance companies. Specifically, the Court held that willfulness not only includes knowing violations, but also includes a violation committed in reckless disregard of statutory obligations. While both of the insurance companies in Burr were technically victorious -- both were held not to have willfully violated the FCRA -- the Court\u27s interpretation of willfulness is more consumer-friendly. Still, Burr may have left the door open for insurance companies to avoid the notice requirement of the FCRA

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