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IN RE CREDIT BUR. OF GREATER HARRISBURG

August 3, 1984

In re GRAND JURY SUBPOENA TO the CREDIT BUREAU OF GREATER HARRISBURG


The opinion of the court was delivered by: RAMBO

 RAMBO, District Judge.

 On or about June 20, 1984, Mr. Lee West, President of the Credit Bureau of Greater Harrisburg (Credit Bureau) was duly served with a subpoena to testify before the grand jury. The information requested to be released and provided to the grand jury by the Credit Bureau is of the type governed by the Fair Credit Reporting Act, specifically 15 U.S.C. § 1681b (1982).

 On June 27, 1984, the Credit Bureau filed a Motion to Quash the grand jury subpoena. This motion was supported by a brief filed on June 29, 1984. In that brief, the Credit Bureau correctly phrased the matter in issue as follows:

 
Is a grand jury subpoena duces tecum issued upon application of the United States Attorney's office and without judicial approval to be considered an order of court within the meaning of the provision of Fair Credit Reporting Act 15 U.S.C. § 1681b?

 That section reads as follows:

 
§ 1681b. Permissible purposes of consumer reports
 
A consumer reporting agency may furnish a consumer report under the following circumstances and no other :
 
(1) In response to the order of a court having jurisdiction to issue an order.
 
(2) In accordance with the written instructions of the consumer to whom it relates.
 
(3) To a person which it has reason to believe --
 
(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
 
(B) intends to use the information for employment purposes; or
 
(C) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider ...

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