Pintos

Daniel J. McLoon (argued), Jones Day, Los Angeles, CA, Adam R. Sand and Marc S. Carlson, Jones Day, San Francisco, CA, for appellee/cross-appellant Experian Information Solutions, Inc.

Andrew M. Steinheimer (argued) and Mark E. Ellis, Ellis Coleman Poirier LaVoie & Steinheimer, LLP, Sacramento, CA, for appellee Pacific Creditors Association.

Before: MARY M. SCHROEDER, RICHARD R. CLIFTON, and CARLOS T. BEA, Circuit Judges. [*]

The opinion in the above-captioned matter filed on September 21, 2007, and published at 504 F.3d 792 , is WITHDRAWN. The superseding opinion shall be filed concurrently with this order. The pending petition for panel rehearing and rehearing en banc is dismissed as moot. The parties may file new petitions as to the opinion for rehearing and rehearing en banc in accordance with the Federal Rules of Appellate Procedure.

CLIFTON, Circuit Judge:

Maria E. Pintos appeals the district court's summary adjudication of her claims under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq. Pintos contends that Pacific Creditors Association ("PCA") violated the FCRA by obtaining, without any FCRA-sanctioned purpose, a credit report on her from Experian…

*1110 ORDER AND OPINION

ORDER

The opinion in the above-captioned matter filed on September 21, 2007, and published at 504 F.3d 792 , is WITHDRAWN. The superseding opinion shall be filed concurrently with this order. The pending petition for panel rehearing and rehearing en banc is dismissed as moot. The parties may file new petitions as to the opinion for rehearing and rehearing en banc in accordance with the Federal Rules of Appellate Procedure.

OPINION

Maria E. Pintos appeals the district court’s summary adjudication of her claims under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. Pintos contends that Pacific Creditors Association (“PCA”) violated the FCRA by obtaining, without any FCRA-sanctioned purpose, a credit report on her from Experian Information Solutions, Inc., a credit reporting agency. Pintos also argues that Experian violated the FCRA by furnishing the report to PCA.

The district court granted summary judgment in favor of the defendants, concluding that PCA was authorized to obtain Pintos’s credit report under the FCRA, which allows for the furnishing of reports “in connection with a credit transaction involving the consumer ... and…

dissenting:

The majority concludes that because this case involves neither a transaction for which Pintos sought a loan nor the collection of a judgment debt, 15 U.S.C. § 1681b(a)(3)(A) did not authorize the Pacific Creditors Association (“PCA”) to obtain Maria Pintos’s credit report or Experian Information Solutions, Inc. (“Experian”) to release it. Because I disagree with the majority’s conclusion that Pintos’s decision to leave her unregistered car on a public street where she knew it might be towed did not “involve” her in a credit transaction, I respectfully dissent.

Title 15, Section 1681b(a)(3)(A) of the United States Code permits a credit reporting agency to furnish a consumer’s credit report to a person it has reason to believe “intends to use the information in connection with a credit transaction involving the consumer ... and involving the extension of credit to, or review or collection of an account of, the consumer.” Relying on Andrews v. TRW, Inc., 225 F.3d 1063, 1067 (9th Cir.2000), the majority concludes that because Pintos did not ask for her car to be towed, ante at 1112-13, she was not “involved” in the transaction.

This case bears little resemblance to…