Northrop v. Hoffman Of Simsbury, Inc.

134 F.3d 41 (2d Cir. 1997)

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Nature of the Case

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Facts

P was in the process of obtaining a mortgage to refinance her home through a company called Mortgage Master. As part of that process, Mortgage Master requested and received P's consumer credit report from United Data Services. That report indicated that on July 3, 1995, Hoffman of Simsbury, Inc., (D) had made an inquiry and received Northrop's consumer credit report. At the time that D requested P's credit report, P was conducting no business with D of any kind. Mortgage Master demanded that P explain the basis for the inquiry by D. P contacted D but was given no answer. P was eventually told that D's computerized records had been destroyed. P claims that the above-described actions interfered with her efforts to obtain a mortgage and inflicted emotional distress. She brings this action based on alleged violations of the FCRA and the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a et seq., seeking actual and punitive damages, costs, and attorney's fees as well as equitable relief in the form of an injunction, enjoining all Ds from using or disclosing the contents of her credit report. Ds' motion to dismiss was granted holding that P had not stated a claim upon which relief could be granted under the FCRA, and declining to exercise jurisdiction over the remaining state law claim. P appealed.