(a). Note 1 at page 94. Do you believe it was fair to charge Spokeo with violating the Fair Credit Reporting Act? Briefly describe the elements of the offense, the precise issue, and then give concise reasons to support your answer (and what, exactly, would we mean by “fair” in this context?).
(b). Note 2 at p. 123. Do you believe the damages assessed to Equifax were proportionate to Equifax’s contribution to Sloane’s ordeal? (Note that there was a thief involved). Should it make any difference that Equifax may have had “1.5 billion credit accounts held by approximately 190 million individuals…[and] receives more than two billion items of information every month” and that Equifax issues its share of the “approximately two million credit reports each day”? (see p. 121 of our text). Who do you think will ultimately bear the cost of the judgment entered against Equifax?
C) Other Federal and State Laws. Answer this :
Note 1 at p. 139. What kind of “reasonable” practical steps might a bank take to make sure the person to whom it issues a credit card is, in fact, the intended person? How much do you think it would cost, and would you as a credit card customer be willing to pay your share of the cost by way of increased fees or higher interest rates on your card? (note the “LoPucki-Solove debate” is excerpted at pp. 135-36). (Would you rather simply pay one of the “identity protection” firms instead, and accept your loses if you didn’t do so?)
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