This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Oral argument was presented by Scott A. Shorr on behalf of the respondents.
Background and question before the Court
Justice Stevens asked whether the parties agree on the meaning of “adverse action.”
According to Justice Souter, justice Souter inquired about the statutory purpose of the credit‑reporting provision, noting it is intended to alert consumers to possible errors in their credit reports.
According to Justice Breyer, justice Breyer questioned how many people have the best credit score and what effect that has on insurance notices.
Chief Justice Roberts asked why the baseline credit report was chosen for measuring a hypothetical increase.
What each side argues
Petitioners' Position
Petitioners argue that the Ninth Circuit’s interpretation of “willfully” and its order to remand for further inquiry into attorney‑client privilege communications are unnecessary, and that summary judgment should be affirmed.
According to Ms. Mahoney, petitioners emphasize that a new document used by the insurer was created by non‑lawyers before GEICO began using credit scores to price insurance.
Respondents' Position
According to Ms. Millett, respondents, as represented by Ms. Millett, state they agree with the respondents’ definition of “adverse action.”
According to Mr. Shorr, respondents, through counsel Scott A. Shorr, argue that any statutory increase should be based on a higher credit score than the baseline, reflecting the statutory purpose of protecting consumers with less‑than‑perfect credit.
What happened at oral argument
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- ccab59ada698588cbace-r1-e54cdf88147f9261.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.