Lopez

Class action plaintiff challenges the practice of a federal savings and loan association of charging a fee of $10 for the transmission of a payoff demand statement by fax, over and above the fee authorized by Civil Code section 2943, subdivision (e)(6) for furnishing such a statement. Plaintiffs causes of action for violating this section and for engaging in an unfair, deceptive and unlawful business practice in violation of Business and Professions Code section 17200 were dismissed on the ground that the claims are preempted by federal law. Thereafter, summary judgment was granted on the remaining causes of action for breach of contract, fraud and unjust enrichment on the ground that these claims are not viable under state law. We agree that federal law has preempted the claims under section 2943 of the Civil Code and section 17200 of the Business and Professions Code and that the other causes of action were properly rejected. We therefore affirm.

Factual and Procedural Background

Plaintiff and appellant Myrtle A. Lopez and her deceased husband Michael obtained a real estate loan in 1993 from defendant and respondent World Savings and Loan Association (World), a…