Lin

Hua Lin v. Universal Card Services Corp.

Good Law
238 F. Supp. 2d 1147·2002 WL 31743775·2002 U.S. Dist. LEXIS 26463
United States District Court, Northern District of CaliforniaNovember 26, 2002C-02-03687-JWCalifornia2,476 words

Opinion

Opinion

Ware, J.

ORDER GRANTING DEFENDANT CITIBANK’S MOTION TO DISMISS

I. INTRODUCTION

This is a consumer credit reporting case which presents the issue of whether federal law preempts state law regarding the rights and obligations of furnishers of consumer credit information. Defendant Citibank (“Citibank”) filed a motion to dismiss Plaintiff Hua Lin’s (“Lin”) state law claims for violations of the California Consumer Credit Reporting Agencies Act (“CCRAA”) §§ 1785.25(a)-(c) on the ground that the federal Fair Credit Re porting Act (“FCRA”) , 15 U.S.C. § 1681 et seq., preempts such claims and bars any private right of action under the state statute. The Court found it appropriate to determine Citibank’s motion based on the papers without oral argument pursuant to Civil L.R. 7 — 1(b).

Lin concedes that his third and fourth claims for relief, filed pursuant to CCRAA §§ 1785.25(b)-(c), are preempted by FCRA. Therefore, the Court will only address Lin’s second claim for relief, filed pursuant to CCRAA § 1785.25(a). For the reasons discussed below, the Court finds that Lin’s second claim is not preempted by FCRA, but also finds that CCRAA § 1785.25(a) does not permit a consumer to bring a private…

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