Parks

Parks v. MBNA America Bank

Good Law
142 Cal. Rptr. 3d 837·2012 Cal. LEXIS 5795·54 Cal. 4th 376·2012 WL 2345006·278 P.3d 1193
Supreme Court of CaliforniaJune 21, 2012S183703California6,626 words

Opinion

Opinion

Liu, J.

We granted review to address whether the National Bank Act (June 3, 1864, ch. 106, 13 Stat. 99 ) (NBA) preempts Civil Code section 1748.9, a California law requiring that certain disclosures accompany preprinted checks that a credit card issuer provides to its cardholders for use as credit. The NBA contains no such requirement with respect to the issuance of so-called “convenience checks” to credit customers. Instead, it broadly grants to national banks “all such incidental powers as shall be necessary to carry on the business of banking ... by [among other powers] loaning money on personal security.” ( 12 U.S.C. § 24 , par. Seventh.) We conclude that the NBA preempts Civil Code section 1748.9 because the state law stands as an obstacle to the broad grant of power given by the NBA to national banks to conduct the business of banking. Accordingly, we reverse the Court of Appeal’s judgment and remand the matter to that court for further proceedings consistent with our opinion.

I.

As indicated in the Court of Appeal’s opinion below, defendant MBNA America Bank, N.A. (MBNA), “renamed itself as FIA Card Services, N.A. Nevertheless, for the sake of simplicity, we shall follow…

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