Category Archives: Preemption

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U.S. Supreme Court Hears Natural Gas Case in Which 21 State AGs File Brief

On Monday, January 12, the U.S. Supreme Court will hear oral argument in the preemption case, Oneok v. Learjet. In reliance on state law private action remedies, Learjet sued Oneok over market manipulation in natural gas prices to large volume purchasers. 21 bipartisan state Attorneys General filed an amicus brief defending their state regulatory authority on … Continue reading this entry

Ringing in the New Year in 2013: California’s Homeowner's Bill of Rights Law Takes Effect

Dubbed as the “Homeowner’s Bill of Rights,” on July 11, 2012, California Governor Jerry Brown signed into law AB 278/SB 900 marking the first U.S. state to adopt into law the residential mortgage foreclosure reform principles outlined in the February 2012 National Mortgage Servicing Settlement with the nation’s top five mortgage servicers. The Homeowner’s Bill of … Continue reading this entry

Dodd-Frank Did Not Materially Change National Bank Act Preemption Standards

The Dodd-Frank Wall Street Reform and Consumer Protection Act did not materially change the National Bank Act preemption standards, according to Iowa federal judge James E. Gritzner. In U.S. Bank National Association v. Schipper, the bank filed a declaratory judgment action against the Superintendent of the Iowa Division of Banking and other state officials in connection with … Continue reading this entry

The Ninth Circuit Permits Cumulative Recovery Under the FDCPA and California's Rosenthal Act

The recent Ninth Circuit decision, Gonzalez v. Arrow Financial Services, LLC, — F.3d —, 2011 WL 4430844 (9th Cir Sept. 23, 2011), addresses several issues relating to claims brought under the Fair Debt Collection Practices Act (“FDCPA”) and examines that statute’s interaction with the corresponding California debt collection statute, the Rosenthal Act.… Continue reading this entry

Ninth Circuit Issues Ruling on Limitations of Preemption

This week, the U.S. Court of Appeals for the Ninth Circuit ruled that the Rees-Levering Act (also known as the California Automobile Sales Finance Act), a California law regulating debt collection and repossession, is not preempted by the National Bank Act. In Aguayo v. U.S. Bank, ___ F.3d ___, No. 09-56679 (9th Cir. Aug. 1, 2011), the … Continue reading this entry

Fifth Circuit Affirms Dismissal FDCPA Claims

In Castro v. Collecto, Inc., No. 09-50975, 2011 WL 651921 (5th Cir. Feb. 24, 2011), the Fifth Circuit affirmed the dismissal of the plaintiffs’ Fair Debt Collections Practices Act (“FDCPA”) claims, holding that the two year statute of limitations under the Federal Communications Act (“FCA”) did not preempt the four year Texas statue of limitations period for … Continue reading this entry

Fourth Circuit Holds State Law Claims Preempted by FCRA Because Sloppy Recordkeeping and Repeated Mistakes Do Not Amount to Malice

In Ross v. Federal Deposit Insurance Corp., No. 08-1851, 2010 WL 4261819 (4th Cir. Oct. 29, 2010), the U.S. Court of Appeals for the Fourth Circuit affirmed the grant of summary judgment in favor of Washington Mutual Bank (“WaMu”) and against Charlotte Ross who alleged common law defamation claims, violations of the Fair Credit Reporting … Continue reading this entry

Ninth Circuit Dismisses Claims Under the CCRAA

In Carvalho v. Equifax Information Services, LLC, No. 09-15030, 2010 W.L. 3239477 (9th Cir., Aug. 18, 2010), the Ninth Circuit affirmed a lower court’s grant of summary judgment dismissing Plaintiff’s claims under the California Consumer Credit Reporting Agencies Act (“CCRAA”). The Plaintiff alleged that three credit reporting agencies, Equifax Information Services, LLC (“Equifax”), Experian Information … Continue reading this entry

The Consumer Financial Protection Act's Provisions on Preemption

The Dodd-Frank Wall Street Reform and Consumer Protection Act (CFPA) directly addresses its own preemptive effect on State law and amends the National Bank Act to clarify the standards that apply to national banks. The CFPA greatly increases the powers of states to make and enforce laws designed to protect consumers in financial transactions. The default preemption … Continue reading this entry

Ninth Circuit Affirms Dismissal of RESPA Claim for Overcharges

The Ninth Circuit affirmed the dismissal of a purported class action under the Real Estate Settlement Procedures Act (“RESPA”) because the plain language of RESPA does not apply to the practice of “overcharging,” as well as the dismissal of three state law claims that are preempted under the National Bank Act. The Plaintiffs claimed that they … Continue reading this entry

Elimination of Preemption Could Create 50 Mini CFPAs

Senator Chris Dodd’s decision to retire from politics has caused many to conclude that he will not have sufficient clout to assure the creation of a Consumer Financial Protection Agency. That may be. Or perhaps as Roll Call suggested, Senator Dodd might have agreed to step aside in exchange for a promise that he be … Continue reading this entry

Eighth Circuit Finds OTS Regulations Preempt Missouri Unauthorized Practice of Law Claims

Recently, the Eighth Circuit Court of Appeals issued an important opinion for federal savings associations (FSAs) when it found that federal law preempted Missouri law in a case involving loan-related document preparation by non-attorney employees. Casey v. Federal Deposit Insurance Corporation, et al., No. 09-1096 (8th Cir. Oct. 20, 2009).… Continue reading this entry