FCRA Preempts State Law Claims Against Chase: 2nd Circ.

Law360, New York (December 23, 2011, 4:03 PM EST) -- The Second Circuit on Friday backed the dismissal of a consumer's state common law tort action against JPMorgan Chase Bank NA for allegedly giving false information to a credit reporting agency, agreeing that the claims are preempted by federal law.

A three-judge panel rejected Sean MacPherson's arguments that his claims survive a 1996 preemption amendment to the Fair Credit and Reporting Act. MacPherson tried to rely on another section of the law that he said allows certain state common law tort claims based on “false information...
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