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Estate of Cheryl Beaudry v. Telecheck Services, Inc., et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-6018 · judgment July 27, 2021


Certiorari denied · February 28, 2022
Pre-decision estimate: 11% cert probability (95% interval 6%–18%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and a dissent in the court below, and down for a business respondent.

Question presented

In this putative class action involving over 1.4 million consumers, when presenting checks to merchants for payment, did named plaintiff Cheryl Beaudry (“Beaudry”) suffer an injury in fact sufficient to confer Article III standing for an action under the Fair Credit Reporting Act when TeleCheck provided inaccurate consumer reports to merchants about Beaudry by failing to include positive checkwriting information stored in TeleCheck’s files, thereby increasing the risk that Beaudry would receive check declines?

Counsel of record

For petitioner
Martin D. Holmes
Dickinson Wright PLLC

For respondent
David R. Esquivel
Bass, Berry & Sims PLC

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, February 28, 2022 · Certiorari denied

Proceedings

  1. Feb 28 2022
    Petition DENIED.
  2. Feb 09 2022
    DISTRIBUTED for Conference of 2/25/2022.
  3. Feb 07 2022
    Waiver of right of respondent Telecheck Services, Inc., et al. to respond filed.
  4. Jan 18 2022
    Petition for a writ of certiorari filed. (Response due February 22, 2022)