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Cavin v. Home Loan Center, Inc., 531 F.3d 526 (7th Cir. 2008); Cavin v. Home Loan Center, Inc., 469 F. Supp. 2d 561 (N.D. Ill. 2007)

In this case, VBLH&C scored one of the first victories for a mortgage lender in the “firm offer” litigation under the Fair Credit Reporting Act (FCRA).  In fact, the district court decision was the first to grant summary judgment to a mortgage lender on the basis that the defendant had made a firm offer.  The case arose when the plaintiffs received a mailer advertising the defendant’s loan products.  In their class action complaint, the plaintiffs alleged that this mailer did not contain a firm offer of credit.  Accordingly, the plaintiffs alleged that, because the defendant had accessed the plaintiffs’ credit information in connection with the sending of the mailer, the defendant had violated the FCRA.  The district court rejected this argument, and the Seventh Circuit affirmed.  In so doing, the courts agreed with VBLH&C’s argument that the mailer contained sufficient details to constitute a firm offer for a mortgage loan.