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In Espinoza v. Hunt & Henriquez, 2018 WL 6330895, at *2–3 (N.D.Cal., 2018), Magistrate Judge Cousins allowed a CCRAA claim past the pleadings stage. In her complaint, Espinoza alleges that Merrick violated § 1785.25(a). See Compl. ¶ 51. Thus, on the face of her complaint, Espinoza's CCRAA claim is not preempted by the FCRA. See U.S.C. § 1685t(b)(1)(F). Merrick, however,… Read More

In Thornton v. Equifax, 2018 WL 5792816 (M.D.Ga. 2018), Judge Land found that the FCRA pre-empted all common-law state law claims. The facts were as follows: Thornton filed a Chapter 7 bankruptcy petition. He received a discharge of his debts on February 7, 2017, including his delinquent accounts with Kinetic. Thornton alleges that although Kinetic received notice of his discharge from… Read More

In Lee v. Professional Recovery Systems, Inc.,  2018 WL 1008432, at *3–6 (Cal.App. 1 Dist., 2018), the Court of Appeal held in an unpublished decision that the FCRA preempts the Rosenthal Act. Defendants contend this claim [violation of section 1788.17 --Ed.] is preempted by title 15 of the United States Code, section 1681t (governing credit reporting). . . . The violations plaintiff alleges… Read More

In Galper v. JP Morgan Chase Bank, N.A., 2015 WL 5711882, at *5-8 (C.A.2 (N.Y.),2015), the Court of Appeals for the Second Circuit held that New York's ID Theft Laws were not preempted by FCRA with respect to furnisher misconduct that was not regulated by 15 USC 1681(s)-2 of FCRA. Here, the language of the provision expresses Congress's intent to preempt… Read More

In Alborzian v. JPMorgan Chase Bank, N.A., --- Cal.Rptr.3d ----, 2015 WL 1114426 (Cal.App. 2 Dist. 2015), the California Court of Appeal addressed whether a sold-out junior mortgage holder violated the FDCPA/Rosenthal Act by collecting on the debt post-foreclosure by the senior. A lender who lends money used to purchase a parcel of property and who holds a junior lien on that… Read More

In Farber v. JPMorgan Chase Bank N.A., 2014 WL 68380 (S.D.Cal. 2013), Judge Curiel found that mortgage servicers were subject to the Rosenthal Act, but found that only certain conduct might be actionable.  The facts were as follows: In September 2010, Farber sold the Property by way of a “short sale” with Defendant receiving approximately $1,139,345.00. (Id. ¶ 21.) In… Read More

In Lovejoy v. Bank of America, N.A., 2013 WL 3360898 (N.D.Cal. 2013), Judge Ryu found sections 1785.25(b)-(c) of the CCRAA to be pre-empted by FCRA, even though section 1785.25(a) was not.  Plaintiffs argue that these sections not preempted because they are “informal remedies that compliment Section 1785.25(a),” which bars furnishers from re-porting incomplete or inaccurate information. (Pls.' Opp'n 9–10.) The… Read More

In Vartanian v. Portfolio Recovery Associates, LLC, 2013 WL 877863 (C.D.Cal. 2013), Judge Otis Wright III addressed a litany of FCRA and FDCPA claims brought by the Kaas Law Group.  Judge Wright held that a FCRA Plaintiff need not plead that its dispute to the CRA was not frivilous; i.e. non-frivilousness is not an element of a FCRA claim. Contrary… Read More

In Iyigun v. Cavalry Portfolio Services, LLC, 2013 WL 93114 (C.D.Cal. 2013), Judge Fitzgerald found no FCRA/CCRAA claim properly pleaded for wont of an inaccuracy. Iyigun's claims for violations of the Fair Credit Reporting Act (“FCRA”) and the California Consumer Credit Reporting Agencies Act (“CCRAA”) fail because the FAC does not sufficiently plead the element of inaccurate credit reporting. The… Read More

In Dabney v. Total Relocation Services, LLC, Not Reported in A.3d, 2013 WL 68727 (N.J.Super.A.D. 2013), the New Jersey appellate court found, in an unpublished decision, complete preemption of common defamation claims by FCRA. Having canvassed the vast array of judicial opinions dealing with FCRA preemption, we conclude that the straight forward total preemption approach of these courts of appeal is most… Read More

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