trw
andrews
argued
october
decided
november
fair
credit
reporting
act
fcra
act
requires
credit
reporting
agencies
inter
alia
maintain
reasonable
procedures
avoid
improper
disclosures
consumer
credit
information
act
limitations
provision
prescribes
action
enforce
liability
created
act
must
brought
within
two
years
date
liability
arises
except
defendant
willfully
misrepresented
information
required
act
disclosed
plaintiff
information
material
claim
act
action
may
brought
time
within
two
years
plaintiff
discovery
misrepresentation
adelaide
andrews
visited
doctor
office
santa
monica
california
filled
form
listing
name
social
security
number
basic
information
office
receptionist
named
andrea
andrews
impostor
copied
data
moved
las
vegas
attempted
open
credit
accounts
using
andrews
social
security
number
last
name
address
july
september
october
january
trw
furnished
copies
andrews
credit
report
companies
impostor
sought
credit
andrews
learn
disclosures
may
sought
refinance
home
process
received
copy
credit
report
reflecting
impostor
activity
sued
trw
injunctive
monetary
relief
october
alleging
trw
violated
act
failing
verify
predisclosure
credit
report
third
parties
adelaide
andrews
santa
monica
initiated
credit
applications
otherwise
involved
underlying
transactions
trw
moved
partial
summary
judgment
arguing
inter
alia
fcra
statute
limitations
expired
andrews
claims
stemming
trw
first
two
disclosures
occurred
two
years
brought
suit
andrews
countered
limitations
period
claims
commence
discovered
disclosures
district
held
two
claims
time
barred
reasoning
explicit
exception
covers
misrepresentation
claims
precludes
judicial
attribution
broader
discovery
rule
fcra
ninth
circuit
reversed
applying
considered
general
federal
rule
statute
limitations
starts
running
party
knows
reason
know
injured
unless
congress
expressly
legislates
otherwise
held
general
discovery
rule
govern
section
explicitly
delineates
exceptional
case
discovery
triggers
limitation
andrews
case
fall
within
exceptional
category
pp
even
ninth
circuit
correctly
identified
general
presumption
favor
discovery
rule
issue
case
oblige
decide
appeals
significantly
overstated
scope
force
presumption
placed
undue
weight
holmberg
armbrecht
stands
proposition
equity
tolls
statute
limitations
cases
fraud
concealment
establish
general
presumption
across
contexts
cases
recognized
prevailing
discovery
rule
moreover
decided
two
contexts
latent
disease
medical
malpractice
cry
rule
loudest
rotella
wood
see
kubrick
urie
thompson
also
observed
lower
federal
courts
generally
apply
discovery
rule
statute
silent
issue
adopted
rule
beyond
doubt
never
endorsed
ninth
circuit
view
congress
convey
refusal
adopt
discovery
rule
explicit
command
rather
implication
particular
statute
structure
text
thus
even
presumption
identified
ninth
circuit
exists
apply
fcra
act
govern
area
law
cries
application
discovery
rule
silent
issue
statute
limitations
begins
run
pp
section
text
structure
evince
congress
intent
preclude
judicial
implication
discovery
rule
congress
explicitly
enumerates
certain
exceptions
general
prohibition
additional
exceptions
implied
absence
evidence
contrary
legislative
intent
andrus
glover
constr
section
provides
limitation
period
generally
runs
date
liability
arises
subject
single
exception
cases
involving
defendant
willful
misrepresentation
material
information
distort
text
convert
exception
rule
see
leatherman
tarrant
county
narcotics
intelligence
coordination
unit
pp
least
equally
telling
reading
general
discovery
rule
practical
effect
render
express
exception
superfluous
unusual
circumstances
paradigmatic
setting
plaintiff
requests
credit
report
reporting
agency
responds
concealing
wrongdoing
express
exception
work
performed
general
discovery
rule
rejects
andrews
government
attempt
give
independent
scope
exception
characterizing
codification
doctrine
equitable
estoppel
scenario
constructed
andrews
government
support
characterization
unlikely
occur
reality
event
andrews
government
concede
independent
function
one
attribute
express
exception
theory
arise
rare
egregious
cases
adopting
position
therefore
render
express
exception
insignificant
wholly
superfluous
contrary
cardinal
principle
statutory
construction
pp
andrews
two
additional
arguments
defense
decision
unconvincing
first
contention
discovery
rule
expressed
words
framing
general
rule
date
liability
arises
compelled
dictionary
definition
arise
unsupported
precedent
second
andrews
reliance
legislative
history
fails
convince
congress
intended
sub
silentio
adopt
general
discovery
rule
addition
limited
one
expressly
provided
pp
issue
raised
briefed
reach
andrews
alternative
argument
even
incorporate
general
discovery
rule
liability
arise
fcra
violation
occurs
sometimes
later
date
actual
damages
materialize
notes
ninth
circuit
adopted
andrews
argument
government
join
advancing
event
doubtful
argument
even
valid
aid
andrews
case
pp
reversed
remanded
ginsburg
delivered
opinion
rehnquist
stevens
kennedy
souter
breyer
joined
scalia
filed
opinion
concurring
judgment
thomas
joined
trw
petitioner
adelaide
andrews
writ
certiorari
appeals
ninth
circuit
november
justice
ginsburg
delivered
opinion
case
concerns
running
statute
limitations
governing
suits
based
fair
credit
reporting
act
fcra
act
added
stat
amended
et
seq
ed
supp
time
prescription
appears
sets
general
rule
exception
generally
action
enforce
liability
created
act
may
brought
within
two
years
date
liability
arises
exception
covers
willful
misrepresentation
information
required
act
disclosed
plaintiff
representation
material
claim
act
suit
may
brought
within
two
years
plaintiff
discovery
misrepresentation
section
exception
involved
case
complaint
allege
misrepresentation
information
fcra
require
disclosed
plaintiff
adelaide
andrews
nevertheless
contends
ninth
circuit
held
generally
applicable
limitation
commenced
run
andrews
claims
upon
discovery
trw
alleged
violations
act
hold
discovery
rule
govern
section
explicitly
delineates
exceptional
case
discovery
triggers
limitation
liberty
make
congress
explicit
exception
general
rule
well
congress
enacted
fcra
promote
efficiency
nation
banking
system
protect
consumer
privacy
see
relevant
act
seeks
accomplish
goals
requiring
credit
reporting
agencies
maintain
reasonable
procedures
designed
assure
maximum
possible
accuracy
information
contained
credit
reports
limit
furnishing
reports
certain
statutorily
enumerated
purposes
ed
supp
act
creates
private
right
action
allowing
injured
consumers
recover
actual
damages
caused
negligent
violations
actual
punitive
damages
willful
noncompliance
see
ed
facts
case
part
undisputed
june
adelaide
andrews
visited
radiologist
office
santa
monica
california
filled
new
patient
form
listing
certain
basic
information
including
name
birth
date
social
security
number
andrews
handed
form
office
receptionist
one
andrea
andrews
impostor
copied
information
thereafter
moved
las
vegas
nevada
impostor
attempted
numerous
occasions
open
credit
accounts
using
andrews
social
security
number
last
name
address
four
occasions
company
impostor
sought
credit
requested
report
trw
time
trw
computers
registered
match
andrews
social
security
number
last
name
first
initial
therefore
responded
furnishing
file
trw
thus
disclosed
andrews
credit
history
impostor
request
bank
july
cable
television
company
september
department
store
october
another
credit
provider
january
recipients
cable
company
rejected
impostor
applications
credit
andrews
learn
disclosures
may
sought
refinance
home
mortgage
process
received
copy
credit
report
reflecting
impostor
activity
andrews
concedes
trw
promptly
corrected
file
upon
learning
mistake
alleges
however
blemishes
report
caused
inconvenience
emotional
distress
also
forced
abandon
refinancing
efforts
settle
alternative
line
credit
less
favorable
terms
october
almost
months
discovered
impostor
fraudulent
conduct
two
years
trw
first
two
disclosures
andrews
filed
suit
district
central
district
california
complaint
stated
two
categories
fcra
claims
trw
first
relevant
see
app
claims
alleged
trw
four
disclosures
information
response
impostor
credit
applications
improper
trw
failed
verify
predisclosure
adelaide
andrews
santa
monica
initiated
requests
otherwise
involved
underlying
transactions
andrews
asserted
processing
requests
matched
profile
social
security
number
last
name
first
initial
correspond
key
identifiers
notably
birth
date
address
first
name
trw
facilitated
impostor
identity
theft
according
andrews
trw
verification
failure
constituted
willful
violation
requires
credit
reporting
agencies
maintain
reasonable
procedures
avoid
improper
disclosures
sought
injunctive
relief
punitive
damages
compensation
expenditure
time
money
commercial
impairment
inconvenience
embarrassment
humiliation
emotional
distress
trw
allegedly
inflicted
upon
app
trw
moved
partial
summary
judgment
arguing
inter
alia
fcra
statute
limitations
expired
andrews
claims
based
july
september
disclosures
occurred
two
years
brought
suit
andrews
countered
claims
four
disclosures
timely
limitations
period
commence
may
date
learned
trw
alleged
wrongdoing
district
agreeing
trw
incorporate
general
discovery
rule
held
relief
stemming
july
september
disclosures
time
barred
andrews
trans
union
supp
cd
cal
appeals
ninth
circuit
reversed
ruling
applying
considered
general
federal
rule
federal
statute
limitations
begins
run
party
knows
reason
know
injured
rejected
district
conclusion
text
particular
limited
exception
set
forth
section
precluded
judicial
attribution
rule
fcra
nless
congress
expressly
legislated
otherwise
ninth
circuit
declared
equitable
doctrine
discovery
read
every
federal
statute
limitations
internal
quotation
marks
omitted
finding
express
directive
appeals
held
none
andrews
injuries
stale
suit
brought
accordingly
reinstated
andrews
improper
disclosure
claims
remanded
trial
holding
incorporates
general
discovery
rule
ninth
circuit
parted
company
four
circuits
courts
concluded
discovery
exception
one
congress
expressed
may
read
act
see
clark
state
farm
fire
casualty
ins
rylewicz
beaton
houghton
insurance
crime
prevention
institute
clay
equifax
granted
certiorari
resolve
conflict
reverse
ii
appeals
rested
decision
premise
federal
statutes
limitations
regardless
context
incorporate
general
discovery
rule
unless
congress
expressly
legislated
otherwise
extent
presumption
exists
matter
case
oblige
us
decide
ninth
circuit
conspicuously
overstated
scope
force
appeals
principally
relied
decision
holmberg
armbrecht
see
case
instructed
particularity
plaintiff
injured
fraud
remains
ignorance
without
fault
want
diligence
care
part
bar
statute
begin
run
fraud
discovered
holmberg
see
kubrick
urie
thompson
also
observed
lower
federal
courts
generally
apply
discovery
accrual
rule
statute
silent
issue
rotella
citing
connors
hallmark
son
coal
cadc
proposition
federal
courts
generally
apply
discovery
accrual
rule
statute
call
different
rule
adopted
position
beyond
doubt
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ninth
circuit
view
congress
convey
refusal
adopt
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rule
explicit
command
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text
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circuit
thus
erred
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case
fcra
govern
area
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rule
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section
addresses
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act
may
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within
two
years
date
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arises
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materially
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act
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information
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defendant
liability
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act
action
may
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time
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two
years
discovery
individual
misrepresentation
conclude
text
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evince
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intent
preclude
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implication
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rule
congress
explicitly
enumerates
certain
exceptions
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prohibition
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exceptions
implied
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evidence
contrary
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andrus
glover
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congress
provided
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date
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exception
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congress
implicitly
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discovery
rule
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leatherman
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county
narcotics
intelligence
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cf
brockamp
explicit
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intent
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history
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requests
file
credit
reporting
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rule
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discovery
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andrews
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reporting
agency
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purpose
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year
later
applies
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result
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asserts
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rule
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et
al
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curiae
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tr
oral
arg
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counsel
days
months
later
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follows
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requesting
copy
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report
agency
responds
concealing
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period
agency
reveals
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reject
argument
several
reasons
initial
matter
persuaded
effort
distinguish
practical
function
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rule
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supporting
scenario
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occur
outside
realm
theory
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weakness
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assumption
consumer
charged
constructive
notice
improper
disclosure
upon
denial
credit
application
consumer
habitually
paid
bills
time
denial
might
well
lead
suspect
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agency
error
credit
denial
place
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notice
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rule
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limitations
period
point
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person
position
learned
injury
exercise
due
diligence
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stone
williams
duty
inquiry
arisen
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charged
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corman
limitation
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charge
plaintiff
failure
search
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gain
knowledge
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credit
reporting
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forth
andrews
government
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consumer
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report
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delay
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curiae
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ere
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marks
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dictionary
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support
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party
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defined
come
come
become
apparent
way
demand
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law
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come
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trw
offers
strong
argument
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result
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seeks
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brief
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citing
inter
alia
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date
cause
action
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incorporates
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liability
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andrews
reliance
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history
observes
early
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start
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period
date
occurrence
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version
andrews
infers
congressional
intent
reject
rule
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words
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established
trw
notes
however
congress
also
heard
testimony
urging
enact
statute
limitations
runs
date
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declined
hearings
subcommittee
consumer
affairs
house
committee
banking
currency
addition
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language
andrews
relies
read
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position
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time
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language
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occurrence
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arises
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congress
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occurs
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tie
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damages
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