Philbin v. Trans Union Corp‪.‬

Plaintiff James R. Philbin, Jr. appeals two orders of the district court, the first dated November 29, 1994, and the second and final order dated December 8, 1995, granting summary judgment in favor of the defendants. This appeal raises issues regarding the elements of a cause of action pursuant to Section(s) 607(b) of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. Section(s) 1681e(b), and the nature of plaintiffs burden in demonstrating a prima facie case pursuant to such a cause of action, questions we have not yet had occasion to address. For the reasons that follow, the judgment of the district court is affirmed in part, reversed in part, and remanded for further proceedings.