Aguayo

Introduction

Jose Aguayo (“Aguayo”) appeals the district court’s grant of Defendant U.S. Bank N.A.’s (“U.S. Bank”) motion to dismiss. Aguayo claims U.S. Bank violated a sec tion of California’s Rees-Levering Act that requires a car loan lender to provide certain post-repossession notices to a defaulting borrower prior to selling the repossessed car. If the lender fails to provide the required notices, the lender is barred from collecting any remaining deficiency after the car is sold. Aguayo argues that because the notices he received from U.S. Bank did not contain all the information required under the relevant section of the Rees-Levering Act, U.S. Bank is barred from collecting any deficiency. U.S. Bank argues the Rees-Levering post-repossession notice requirements are preempted by the National Bank Act (“NBA”) and its regulations. Because the Rees-Levering Act sections at issue are directed toward debt collection and are therefore not preempted by the NBA, we reverse.

I. Factual and Procedural Background

A. Factual Background

In August 2003, Aguayo purchased a Ford Expedition from the Star Ford dealership in Glendale, California. Like many car buyers, Aguayo…