UNITED STATES OF AMERICA
In the Matter of
Trans Union Corporation, a corporation.
ORDER GRANTING TRANS UNION'S APPLICATION FOR
On March 8, 2000, respondent Trans Union Corporation ("Trans Union") requested that the Federal Trade Commission stay enforcement of its February 10, 2000 Final Order requiring Trans Union to cease and desist from distributing or selling consumer reports to any person lacking a permissible purpose under the Fair Credit Reporting Act. Trans Union has stated that it intends to file a petition for review of the Order with the United States Court of Appeals. Complaint Counsel opposes Trans Union's request. For the reasons stated below, Trans Union's request is granted.
Unless stayed by the Commission, or an appropriate court of appeals, our adjudicative orders generally take effect on the sixtieth day following service. Rule 3.56 of the Commission's Rules of Practice requires that the party seeking a stay first apply to the Commission and address the following four factors: (1) the likelihood that the applicant will succeed on appeal; (2) whether the applicant will suffer irreparable harm if the Commission does not grant the stay; (3) the degree of injury to other parties absent a stay; and, (4) the public interest of granting the stay.
Based upon full consideration of the parties' arguments, as well as all other relevant issues in this matter, we find that Trans Union has satisfied the requirements of Rule 3.56. We therefore stay the effect and enforcement of the February 10, 2000 Final Order pending review by the United States Court of Appeals. This stay shall expire ten days after the Court of Appeals issues a decision upholding all, or any part of, the February 10, 2000 Final Order.
By the Commission, Commissioner Anthony dissenting and Commissioner Leary not participating.
Donald S. Clark
Issued: March 29, 1999
Attachment: Dissenting Statement of Commissioner Anthony