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Janis Wolf v. Carpenter, Hazlewood, Delgado & Bolen, LLP

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15233 · judgment March 17, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

This case asks whether a typical HOA assessment qualifies as an FCRA “credit transaction” that authorizes an HOA to obtain a homeowner’s credit report. The Fair Credit Reporting Act (“FCRA”) allows credit reporting agencies to furnish reports “in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the . . . collection of an account.” 15 U.S.C. § 1681b(a)(3)(A). The term “credit” means the “right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefor.” 15 U.S.C. §§ 1681a(r)(5); 1691a(d). There is a circuit split regarding the standard for determining whether a transaction involves “credit.” In 1984, the Ninth Circuit held that any transaction in which payment is deferred is “credit.” The Second, D.C., and Seventh Circuits have all subsequently held that when payment is substantially contemporaneous with performance, there is no “credit transaction” even if there are deferred payments. The question presented is: Whether all transactions involving deferred payment, even if payment is substantially contemporaneous with performance, are “credit transactions” under the FCRA.

Counsel of record

For petitioner
Jonathan Adam Dessaules
Dessaules Law Group

For respondent
Joshua G. Vincent
Hinshaw & Culbertson, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 16 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Aug 10 2023
    Waiver of right of respondent Carpenter, Hazlewood, Delgado & Bolen, LLP to respond filed.
  4. Aug 01 2023
    Petition for a writ of certiorari filed. (Response due September 5, 2023)