Rasor v. Retail Credit Co.

554 P.2d 1041, 87 Wash. 2d 516, 1976 Wash. LEXIS 678
CourtWashington Supreme Court
DecidedSeptember 30, 1976
Docket43944
StatusPublished
Cited by80 cases

This text of 554 P.2d 1041 (Rasor v. Retail Credit Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rasor v. Retail Credit Co., 554 P.2d 1041, 87 Wash. 2d 516, 1976 Wash. LEXIS 678 (Wash. 1976).

Opinions

Utter, J.

This court accepted certification by the Court of Appeals to review a jury verdict and judgment in favor of plaintiff Rasor in her suit alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (1970), by defendant Retail Credit Company.1 Defendant’s assignments of error raise questions involving the scope of the act and the elements of damages recoverable under the act. In support of other assignments of error, defendant argues that the trial court erred in certain of its rulings on the admissibility of evidence and in certain of its instructions to the jury. Defendant also asserts that alleged misconduct [518]*518by the jury and by plaintiff’s counsel require reversal. We find no error and affirm the judgment entered below.

At the time of trial, respondent Rasor was a 53-year-old resident of Sandpoint, Idaho, a community of approximately 5,000 persons. There she operated two businesses, including a motel. In the fall of 1972, respondent applied for health insurance with Bankers Life and Casualty Company, with which she had other health insurance policies. The prospective insurer requested appellant Retail Credit Company to prepare a consumer credit report on respondent. On November 7, 1972, a field representative employed in appellant’s Spokane, Washington office, traveled to Sand-point to conduct an investigation of respondent and 10 other persons. Appellant’s employee made the 11 investigations in 4 hours or less one afternoon and spoke with a total of three persons, two partners in a service station and the manager of another service station, in the preparation of his report on respondent. Based on information from these sources, appellant’s report, prepared on November 8, stated in part, “[respondent] has had a reputation of living with more than one man out of wedlock in the past” and “[h]er reputation has suffered because of out of wedlock living arrangements in the recent past.” The document also commented on respondent’s drinking habits and concluded this “[information was carefully confirmed by several longtime residents, in this area, who are businessmen and neighbors.” Although identified on its face as a “Health Report”, the report contained only two items dealing directly with respondent’s health. The questions “Do [sic] you learn of any illness, operation, or injury, past or present?” and “Did you learn of any member of applicant’s family (blood relation) having had heart trouble, cancer, diabetes, tuberculosis or mental trouble?” were both answered “No.”

On November 14, respondent applied for a Small Business Administration loan to complete the addition of units to her motel. Approval of the loan was conditioned upon the acquisition of life insurance by respondent to serve as [519]*519security for the loan. Accordingly, respondent applied through a local agent for a policy from Guardian Life Insurance Company. The local insurance agent gave written notice to respondent that “a routine report may be obtained which will provide applicable information concerning character, general reputation, personal characteristics and mode of living”, see section 1681d, and the prospective insurer requested from appellant an investigative report on respondent. Appellant made no new investigation of respondent and mailed a copy of the November 8 report obtained for health insurance purposes to the insurance company. Following receipt of the report, Guardian Life declined to issue a policy to respondent “due to extensive criticism from inspection which must remain confidential.”

After notification from Guardian Life that she could inquire about the report which influenced its decision at appellant’s Spokane office, see section 1681m(a), respondent traveled to Spokane on December 20, 1972. She was not allowed to read the report but was informed of its contents, see section 1681g(a), which she found “shocking.” With permission from respondent, appellant’s employee informed respondent’s insurance agent of the substance of the report. The agent then applied for the insurance required to obtain the Small Business Administration loan from two other insurers who offered to issue a policy, but only at a higher premium rate.

On January 9, 1973, respondent made a second trip to appellant’s Spokane office and there stated several specific objections to information contained in the November 8 report. As a result, on January 11, an employee of appellant performed a reinvestigation of respondent, see section 1681i(a), contacting 10 residents of Sandpoint during the course of an almost daylong inquiry. A second report, based on the reinvestigation, stated in part:

Your applicant has been married and divorced three times and is presently divorced. She has a boyfriend and stated that they each have their own homes and businesses and do not live together, although she admitted he stays overnight occasionally if he is too tired to go home. [520]*520Sources state that both maintain their own living quarters but are known to stay with each other overnight on an occasional basis. There is no current criticism of this living arrangement.

The new report was sent to the three insurers which had received the November 8 report, with notice that the second report “supplant [s] any previous information we have reported,” see section 1681i(d). On February 26, Guardian Life notified the local agent that respondent’s case was being reopened in light of the new report. In April 1973, respondent received the policy requested but at an additional premium, calculated by the local agent to be $16.66 per $1,000 of coverage.

Respondent commenced this suit in March 1973 in Superior Court. See 15 U.S.C. § 1681p; Ruth v. Westinghouse Credit Co., 373 F. Supp. 468, 469 (W.D. Okla. 1974). After 5 days of trial, the court granted appellant’s motion to strike respondent’s claims for invasion of privacy and libel. The court instructed the jury that if it found the first credit report prepared on November 8 substantially true, the verdict should be for appellant. Alternately, if the jury found the report substantially false, the verdict should be for appellant if it had followed “reasonable procedures” to assure compliance with the Fair Credit Reporting Act. A verdict in favor of respondent for $5,000 was returned.

I

The Fair Credit Reporting Act was adopted “to protect an individual from inaccurate or arbitrary information about himself in a consumer report that is being used as a factor in determining the individual’s eligibility for credit, insurance or employment.” Porter v. Talbot Perkins Children’s Servs., 355 F. Supp. 174, 176 (S.D.N.Y. 1973). This important federal program for. the protection of consumers was a Congressional response to documented abuses in the previously self-regulated credit reporting industry. See, e.g., Hearings on Commercial Credit Bureaus Before a Sub-comm. on Invasion of Privacy of the House Comm, on Government Operations, 90th Cong., 2d Sess. (1968); Hear[521]*521ing on Retail Credit Co. of Atlanta, Ga., Before a Subcomm. on Invasion of Privacy of the House Comm, on Government Operations, 90th Cong., 2d Sess. (1968); Hearings on S. 823 Before the Subcomm. on Financial Institutions of the Senate Comm, on Banking and Currency,

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Cite This Page — Counsel Stack

Bluebook (online)
554 P.2d 1041, 87 Wash. 2d 516, 1976 Wash. LEXIS 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rasor-v-retail-credit-co-wash-1976.