TRW Inc. v. Andrews, 534 U.S. 19, 14 (2001)

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32

TRW INC. v. ANDREWS

Opinion of the Court

Andrews advances two additional arguments in defense of the decision below, neither of which we find convincing. She contends, first, that the words "date on which the liability arises"—the phrase Congress used to frame the general rule in § 1681p—"literally expres[s]" a discovery rule because liability does not "arise" until it "present[s] itself" or comes to the attention of the potential plaintiff. Brief for Respondent 13. The dictionary definition of the word "arise" does not compel such a reading; to the contrary, it can be used to support either party's position. See Webster's Third New International Dictionary 117 (1966) (arise defined as "to come into being"; "to come about"; or "to become apparent in such a way as to demand attention"); Black's Law Dictionary 138 (rev. 4th ed. 1968) ("to come into being or notice"). And TRW offers a strong argument that we have in fact construed that word to imply the result Andrews seeks to avoid. See Brief for Petitioner 16-20 (citing, inter alia, McMahon v. United States, 342 U. S. 25 (1951) (statute of limitations triggered on date "cause of action arises" incorporates injury-occurrence rule)). On balance, we conclude, the phrase "liability arises" is not particularly instructive, much less dispositive of this case.

Similarly unhelpful, in our view, is Andrews' reliance on the legislative history of § 1681p. She observes that early versions of that provision, introduced in both the House and Senate, keyed the start of the limitations period to "the date of the occurrence of the violation." S. 823, 91st Cong., 1st Sess., § 618 (1969); H. R. 16340, 91st Cong., 2d Sess., § 27 (1970); H. R. 14765, 91st Cong., 1st Sess., § 617 (1969). From the disappearance of that language in the final version of § 1681p, Andrews infers a congressional intent to reject the rule that the deleted words would have plainly established.

FCRA. As we have explained, see supra, at 28-29, we read Congress' codification of one judge-made doctrine not as a license to imply others, but rather as an intentional rejection of those it did not codify.

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