You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Jones v. CSC CREDIT SERVICES, INC.

Citations: 565 F. Supp. 2d 690; 2008 U.S. Dist. LEXIS 53106; 2008 WL 2790488Docket: 3:07-cv-01415

Court: District Court, W.D. Louisiana; July 7, 2008; Federal District Court

Narrative Opinion Summary

In this case, the United States District Court for the Western District of Louisiana considered a motion from a Plaintiff seeking to compel discovery and obtain a protective order against Defendants, referred to as the 'Bank-Defendants.' The Plaintiff alleged that Defendants improperly reported credit information to agencies, leading to mixed files with third parties of similar identifiers. The Plaintiff sought the identities and detailed credit records of these third parties. The Bank-Defendants opposed the motion, invoking Louisiana Revised Statutes Section 6:333, which mandates stringent conditions for the disclosure of customer financial records. Specifically, they argued that such records could not be revealed without a legitimate business need related to a transaction. The Magistrate Judge concurred with the Defendants, emphasizing the statutory intent of protecting customer privacy. While the court acknowledged the relevance of the information to the Plaintiff's claims, it denied the motion for detailed credit information, allowing only the disclosure of names and contact details by a specified date. Any further disclosure would require adherence to La. R.S. 6:333. The court's decision underscores the balance between discovery needs and statutory privacy protections in litigation.

Legal Issues Addressed

Discovery in Civil Litigation

Application: The court evaluated the Plaintiff's motion to compel discovery, balancing the necessity of the requested information against privacy concerns as stipulated by law.

Reasoning: The United States District Court for the Western District of Louisiana addressed a motion from the Plaintiff to compel discovery and seek a protective order.

Protection of Customer Financial Records under Louisiana Revised Statutes Section 6:333

Application: The Defendants argued that the disclosure of financial records is restricted under La. R.S. 6:333 unless specific conditions are met, and the court upheld this restriction by denying the Plaintiff's request for third-party credit information.

Reasoning: The Defendants, referred to as the 'Bank-Defendants,' opposed this request, citing Louisiana Revised Statutes Section 6:333, which restricts the disclosure of customer financial records without specific conditions being met.

Relevance of Information in Litigation

Application: The court recognized the relevance of the requested information to the Plaintiff's claims, requiring Defendants to provide certain third-party information while maintaining compliance with statutory privacy protections.

Reasoning: Nonetheless, the sought information is relevant to Plaintiff's claims. Bank-Defendants must provide Plaintiff with the names and contact information of the third-party customers by July 21, 2008.

Statutory Interpretation of Subsection F(7)

Application: The court interpreted Subsection F(7) to apply only to disclosures with a legitimate business need related to a transaction, rejecting the Plaintiff's broader interpretation.

Reasoning: The Magistrate Judge disagreed, interpreting Subsection F(7) to restrict banks from freely sharing general credit information without a legitimate business need related to a transaction.