Legal Opinion · Dissent

James Greenway v. Information Dynamics, Ltd., Etc.

Court of Appeals for the Ninth Circuit

Decided November 5, 1975No. 75-1311Published

1DissentEugene A. Wright, Circuit Judge

I respectfully dissent because I believe that the activities of the appellant Information Dynamics, Ltd. (IDL) do not fall within the purview of the statute.

Information about a consumer’s bad check-writing habits does concededly “bear on” his “character, general reputation, personal characteristics, or mode of living.” [15 U.S.C. § 1681a(d).] But a check drawn on a commercial bank is tantamount to cash. It is a “commercial device intended for use as a temporary expedient for actual money, and generally designed for immediate payment, and not for circulation.” Black’s Law Dictionary 301 (4th…

2Cases cited9 opinions

  1. Fite v. Retail Credit CompanyDistrict Court, D. Montana · 1975
  2. Sizemore v. Bambi Leasing CorporationDistrict Court, N.D. Georgia · 1973
  3. Porter v. Talbot Perkins Children's ServicesDistrict Court, S.D. New York · 1973
  4. State v. PerrigoueWashington Supreme Court · 1972
  5. Wrigley v. Dun & Bradstreet, Inc.District Court, N.D. Georgia · 1974

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