Second Circuit — Fair Credit Reporting Act: Macpherson v. JP Morgan Chase Bank N.A.

Daily Record Staff//January 5, 2012//

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U.S. Court of Appeals for the Second Circuit

Fair Credit Reporting Act

Pre-emption — False Information

Macpherson v. JP Morgan Chase Bank N.A.
10-3722-cv
Judges Pooler, B.D. Parker and Carney

Background: The plaintiff appealed from the dismissal of his state common law tort claims against the defendant. The plaintiff alleged that the defendant had willfully and maliciously provided false information about his finances to a consumer credit reporting agency. Based on these reports, the agency reduced his credit score. The defendant removed the suit to federal court and moved to dismiss arguing that the plaintiff’s claims were pre-empted by the Fair Credit Reporting Act.

Ruling: The Second Circuit affirmed. Despite the defendant’s argument that § 1681h (e) authorized certain state common law tort claims, the court found that another provision, § 1681t (b) (1) (F), preempted more of the type of claims the plaintiff wished to assert.

Sean Stewart Macpherson, pro se; Noah A. Levine of Wilmer Cutler Pickering Hale and Dorr LLP for the appellee

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