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NATIONAL AUTO. DEALERS ASS'N v. F.T.C.

Civil Action No. 11-1711 (ESH).

864 F.Supp.2d 65 (2012)

NATIONAL AUTOMOBILE DEALERS ASSOCIATION, Plaintiff, v. FEDERAL TRADE COMMISSION, Defendant.

United States District Court, District of Columbia.

May 22, 2012.

Attorney(s) appearing for the Case

Michael Gary Charapp, Charapp & Weiss, LLP, McLean, VA, Daniel T. Plunkett, Gabriel A. Crowson, Gerard E Wimberly, Jr., McGlinchey Stafford, PLLC, New Orleans, LA, for Plaintiff.

Drake S. Cutini, Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

The National Automobile Dealers Association ("NADA") challenges the Federal Trade Commission's ("FTC" or "Agency") interpretation of the meaning of "uses a consumer report" in the amended Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681m(h). As set forth in a preamble to amended regulations related to "risk-based pricing" of consumer credit...

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