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Consumer Law Keyed to Whaley, 9th Ed.
Cherry v. Amoco Oil Co.
Citation:
481 F. Supp. 727 (1979)Facts
Claire Cherry, a white woman residing in Atlanta, Georgia, applied for a gasoline credit card from Amoco Oil Company. Amoco rejected her application based on three factors: “level of income,” “type of bank references,” and “our credit experience in your immediate geographical area.” The geographical area was determined by Cherry’s zip code, which was predominantly black. Cherry filed suit alleging that the geographical factor constituted racial discrimination in violation of the Equal Credit Opportunity Act because Atlanta had racially segregated housing patterns. She also claimed that the other two rejection factors were false, misleading, or lacked the specificity required by federal regulations. Amoco moved to dismiss the case, arguing Cherry lacked standing because she was not a member of the race allegedly discriminated against, and that her complaint failed to state a claim upon which relief could be granted.
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