Legal Opinion
Harris v. Mexican Specialty Foods, Inc.
Court of Appeals for the Eleventh Circuit
Decided April 9, 2009No. 08-13510, 08-13616PublishedCited by 117 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
In this case we consider the constitutionality of the statutory-damages provision found in § 616(a)(1)(A) of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq. The district court, finding that the statutory-damages provision is unconstitutionally vague and excessive, dismissed the complaints with prejudice. For the reasons stated below, we vacate the rulings of the district court and remand for further proceedings.
I. BACKGROUND
A. The FCRA
The FCRA endeavors to “ensure fair and accurate credit reporting, promote efficiency in the banking system, and…
2Cases cited29 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
24 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- GeorgiaCarry.Org, Inc. v. The State of GeorgiaCourt of Appeals for the Eleventh Circuit · 2012
- Bateman v. American Multi-Cinema, Inc.Court of Appeals for the Ninth Circuit · 2010
- Dr. Bernd Wollschlaeger v. Governor of the State of FloridaCourt of Appeals for the Eleventh Circuit · 2017
- American Federation of State, County and Municipal Employees Council 79 v. Rick ScottCourt of Appeals for the Eleventh Circuit · 2013
- Johnnie Teresa Marchisio v. Carrington Mortgage Services, LLC.Court of Appeals for the Eleventh Circuit · 2019
112 more not listed; retrieve them via the Exa API.