Claffey v. River Oaks Hyundai, Inc.

STATEMENT

KENNELLY, District Judge.

In an order dated 5/9/07, the Court addressed plaintiffs’ motion seeking a determination that defendant Capital One Auto Finance, Inc. had waived its attorney client privilege. The issue involves the parties’ dispute over whether COAF “willfully” vio lated the Fair Credit Reporting Act, 15 U.S.C. § 1681b. Plaintiffs contend that COAF has waived its attorney-client privilege by asserting that it did not willfully violate the statute, or by offering certain evidence to support that assertion, or both, or that, in the alternative, COAF should be precluded from…