Whether the Fair Credit Reporting Act requires consumer authorization for credit transactions not initiated by the consumer, and whether a credit report can be pulled without explicit consent when a third party fraudulently initiates a transaction

No question identified. : Procedural History The Court of Appeals issued its initial opinion and judgment affirming dismissal of Ms. Migliore’s case under Fed. R. Civ. P. 12(b)(6) on October 22, 2025. (Exhibit A). On November 5, 2025, Ms. Migliore filed a timely Petition for Panel Rehearing or En Banc Review. On November 21, 2025, the Court of Appeals entered an order granting panel rehearing but denying en banc review (Exhibit B). At the same time, the Court of Appeals issued an Amended Opinion (Exhibit C) which removed one paragraph from the initial opinion. That Amended Opinion is the subject of Ms. Migliore’s forthcoming petition. In its November 21, 2025 Order (Ex. B), the Court of Appeals stated “the judgment will remain as filed,” i.e. as of October 22, 2025. As such, absent an extension of time, Ms. Migliore’s petition for a writ of certiorari would be due on January 20, 2026. Good Cause for the Extension The time taken for addressing the rehearing petition reduced Applicant’s time to petition this Court by thirty (30) days. Additionally, two intervening holidays (Thanksgiving and Christmas/ Hanukkah) fell within the 90-day petition period further reducing Applicant’s time to act. In total, Applicant’s time to petition this Court has effectively been halved. Moreover, Applicant requires an extension in order to prepare and file a petition suitable for submission to this Court on an issue of exceptional importance under the federal Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (““FCRA”), which potentially bears on the privacy rights of millions of American consumers. A salesman forged Ms. Migliore’s name to a credit application without her knowledge or consent. The FCRA limits access to one’s credit report to certain enumerated permissible purposes. 15 U.S.C. §1681b. The permissible purpose of a “credit transaction involving the consumer” at 15 U.S.C. §1681b(a)(3)(A) is “[s]ubject to subsection (c),” which requires “consumer authoriz[ation]” for transactions “not initiated by the consumer.” 15 U.S.C. §1681b(c)(1). Your Applicant respectfully believes the Court of Appeals erred by not requiring such consumer authorization when it affirmed dismissal of Migliore’s FCRA claim. The panel’s decision has created a circuit split with the Seventh and Ninth Circuits. The panel’s error, if left unaddressed, would allow prospective lenders to indiscriminately pull credit reports from anyone, at any time, without their authorization, even though the consumer did nothing to initiate the credit transaction. Due to the delay associated with the petition for rehearing — with the Court of Appeals adhering to the original judgment date, the intervening holidays, and the importance and complexity of the issues, additional time to petition for certiorari is required. The Request is Unopposed This request is unopposed by Respondents Sunlight Financial LLC and Cross River Bank, who have consented to the 60-day extension request via their counsel, Mr. Ellis. WHEREFORE, Applicant requests that the time to file a petition for a writ of certiorari in the above-captioned matter be extended 60 days up to and including March 20, 2026. Respectfully submitted: Date: January 7, 2026 s/ Cary L. Flitter CARY L. FLITTER ANDREW M. MILZ JODY T. LOPEZ-JACOBS FLITTER MILZ, P.C. 1814 East Route 70, Suite 350 Cherry Hill, NJ. 08003 (856) 396-0600 Attorneys for Applicant Eva Migliore CERTIFICATE OF SERVICE I, Cary L. Flitter, a member of the Bar of the Supreme Court of the United States, do hereby certify that I electronically filed the foregoing with the Clerk of Court using the CM/ECF system. Said document is available for viewing and downloading from the ECF system, and a copy of which was transmitted by email to all counsel of record: Kathryn M. Barber McGuireWoods 800 E Canal Street Gateway Plaza Richmond, VA 23219 Hannah K. Caison McGuireWoods 201 N Tryon Street Suite 3000 Charlotte, NC 28202 Jonathan Y. Ellis McGuireWoods 501 Fayetteville Street S