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Banking Law Keyed to Carnell, 7th Ed.
Safeco Insurance Co. of America et al. v. Burr et al.
Citation:
551 U.S. 47 (2007)Facts
GEICO and Safeco both used consumer credit reports to set initial insurance premium rates. GEICO had a system where it would compare an applicant’s placement with what they would have received with a “neutral” credit score. If the neutral score would have resulted in a better placement, GEICO would send an adverse action notice; otherwise, it would not. When Ajene Edo applied for insurance, GEICO offered him a standard policy at a higher rate than its most favorable rates, but because his placement would have been the same with a neutral score, GEICO sent no notice. Similarly, Safeco offered Charles Burr and Shannon Massey higher rates than its best possible rates based in part on their credit reports but sent no adverse action notices, believing that initial insurance rates could not constitute “adverse actions” under FCRA.
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