George v. Hansen and Connie Hansen, Husband and Wife v. Melvin Morgan and Nate Morgan Jewelers of Pocatello, Inc., an Idaho Corporation

This is an appeal from the district court’s grant of summary judgment dismissing appellants’ suit for invasion of privacy brought under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 et seq. Appellees Melvin Morgan and Nate Morgan Jewelers of Pocatello, Inc. (hereafter sometimes referred to as “the Morgans”) obtained a consumer credit report on appellants George and Connie Hansen for a purpose allegedly not permitted by the FCRA. The Hansens filed suit contending the act imposes a requirement on users of consumer credit reports to comply with provisions of the FCRA restricting the purposes for which consumer reports can be furnished and that the act provides a civil remedy for failure of the user to comply. The district court ruled that the requirements relied upon by the Hansens apply only to consumer reporting agencies and that none of the requirements imposed on users of credit reports had been violated by the Morgans.

The major question for review is whether the criminal provision of the FCRA — 15 U.S.C. § 1681q — provides a standard for imposition of civil liability under the FCRA. The Morgans contend this issue was never raised below, foreclosing this court from…