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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Segura v. Cabrera, 184 Wash. 2d 587 (2015)

Citation
Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Parent Document
Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Jurisdiction
Washington (state)
Effective Date
2015-10-29

Other Sections in This Document (60)

Full Text

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¶32 In addition to failing to recognize the broad nature of the statutory language, the majority rejects the definition of “actual damages” established by our prior decisions. Majority at 594-95. In Rasor, we interpreted the term “actual damages” as used in the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681n, 1681o. 87 Wn.2d at 529. This statute permits a plaintiff to recover “an amount equal to . . . any actual damages sustained by the consumer as a result of the failure” of a credit reporting agency to comply with the statutory requirements. 15 U.S.C. §§ 1681n, 1681o. The plaintiff in Rasor alleged that a credit report stating that she had a reputation of living with more than one man out of wedlock “damaged her personally and in her business reputation in the small community, and that she suffered emotionally from the experience.” 87 Wn.2d at 531. We explained that Congress’s intent in enacting “this remedial legislation” was “ ‘to protect the reputation of a consumer’ ” from the improper preparation and use of inaccurate or arbitrary information in credit reports, including protection from false rumors. Id. at 529, 520-21 (quoting Ackerley v. Credit Bureau of Sheridan, Inc., 385 F. Supp. 658, 659 (D. Wyo. 1974)). Comparing the plaintiff’s injury to the actual injury suffered in a defamation action, we recognized in Rasor the “generally accepted legal meaning” of “actual damages” for defamatory falsehood: