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FIA Card Services v. Gorman

Close Date: 10/04/2010
Date Of Involvement: 08/05/2010
Docket: 09-1142


This case presented the following questions:

1. Whether Section 1681s-2(b) of the Fair Credit Reporting Act (“FCRA”) makes unlawful a furnisher’s failure to echo back to the consumer reporting agencies (“CRAs”) a consumer dispute of which the CRA advised the furnisher, when the obligation to notify CRAs of disputes is expressly found in Section 1681s-2(a), and FCRA’s private rights of action are available to enforce violations of Section 1681s-2(b) but not Section 1681s-2(a).

2. Whether, as every court before the Ninth Circuit decision below had concluded, Section 1681t of FCRA, 15 U.S.C. § 1681t, preempts a California statute that creates a private damages remedy for violations of state law with respect to the obligations of furnishers of information to the CRAs.