Credit Data of Arizona, Inc. v. State of Arizona

This action was instituted on August 3, 1976 by plaintiff-appellant, Credit Data of Arizona, Inc. (Credit Data) an Arizona corporation engaged in the. credit reporting business, against defendant-appellee, the State of Arizona, pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201 to declare the rights of parties under the Fair Credit Reporting Act, 15 U.S.C. § 1681 , et seq. (the Federal Act) and Arizona’s consumer credit reporting law, A.R.S. § 44-1693(D) (the Arizona Act). Both the Federal Act and the Arizona Act were enacted in 1970.

Jurisdiction is founded on 28 U.S.C. §§ 1331 and 1337. The issue is whether the Arizona Act is preempted by the Federal Act in the single respect discussed below. Both sides moved for summary judgment in the district court which denied plaintiff Credit Data’s motion and granted defendant State of Arizona’s cross-motion entering judgment dismissing the complaint. This appeal followed.

Credit Data is engaged in interstate commerce and therefore is subject to the Federal Act. The sole issue is whether the provision of the Federal Act that credit reporting firms may impose a reasonable charge on persons seeking disclosure more than 30 days…