TRW Inc. v. Andrews

Andrews did not learn of the disclosures until she attempted to refinance her home and requested a copy of her credit report, which reflected the impostor’s activity.

[4] Not relevant to the Supreme Court’s opinion was an additional claim by Andrews that TRW failed to “follow reasonable procedures to assure maximum possible accuracy of the information” in the reports, in violation of 15 U.S.C.

TRW argued that Andrews’ claims based on the two earliest disclosures were barred because the Fair Credit Reporting Act’s two year statute of limitations had expired.

This argument was based upon Andrews’ contention that the FCRA incorporated a general federal rule which tolls the statute of limitations at the time the plaintiff becomes aware of the injury.

The District Court agreed with TRW, and held that a general federal discovery rule was not incorporated into the Fair Credit Reporting Act, thus barring Andrews’ claims based on the two earliest disclosures.

that a federal statute of limitations begins to run when a party knows or has reason to know that she was injured.”[9] The Ninth Circuit rejected the District Court’s assertion that the text of 15 U.S.C.

[10] Based upon the text and structure of the statute in question, the Supreme Court determined that Congress’ “intent to preclude judicial implication of a discovery rule” was clear.