Cole v. U.S. Capital, Inc. et al.

In this amicus brief, filed at the invitation of the court, the FTC argues that, although the Fair Credit Reporting Act permits a business to obtain a consumer report if it provides the consumer with a firm offer of credit or insurance, the law is not satisfied if the business provides the consumer with an offer that is merely a sham. Accordingly, the brief contends that the district court erred in holding that plaintiff failed to state a claim upon which relief could be granted when her complaint alleged that the offer in the ad she received was a sham. The brief also argues that the court erred when it dismissed, without addressing, plaintiff's allegation that statutorily-mandated disclosures, which were made in tiny type, were not clear and conspicuous.