No. 22-471

Consumer Data Industry Association v. Aaron M. Frey, Attorney General of Maine, et al.

Lower Court: First Circuit
Docketed: 2022-11-18
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: circuit-split consumer-reports fair-credit-reporting-act federal-preemption federal-regulation preemption state-law statutory-interpretation uniform-standards
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether FCRA broadly preempts state laws relating to the subject matters expressly described in 15 U.S.C. §1681t(b)(1), or narrowly preempts state laws only to the extent they address the specific issues addressed in the cross-referenced provisions of FCRA

Question Presented (OCR Extract)

QUESTION PRESENTED The Fair Credit Reporting Act (“FCRA”) sets forth uniform standards governing the content of consumer reports throughout the country. To preserve that uniformity, FCRA expressly preempts state laws that impose additional requirements on the content of consumer reports. Congress was emphatic: “No requirement or prohibition may be imposed under the laws of any State ... with respect to any subject matter regulated under ... section 1681c of this title, relating to information contained in consumer reports.” 15 U.S.C. §1681t(b)(1)(E). Despite that clear command, Maine enacted two laws imposing its own rules on whether and how certain types of debt may be reported. The district court had no trouble concluding that those laws are preempted by FCRA. The First Circuit disagreed, narrowly construing FCRA to preempt state laws only if they regulate the specific issues that Congress addressed in §1681c, rather than the subject matter addressed in that section—namely, “information contained in consumer reports.” That cramped interpretation cannot be squared with the statutory text, this Court’s preemption precedent, or the decisions of other circuits interpreting 15 U.S.C. §1681t(b)(1). And the decision re-opens the door for a patchwork of state regulation of reports that Congress wanted governed by uniform standards nationwide. The question presented is: Whether FCRA broadly preempts state laws “relating to” the “subject matters” expressly described in 15 U.S.C. §1681t(b)(1), or narrowly preempts state laws only to the extent they address the specific issues addressed in the cross-referenced provisions of FCRA.

Docket Entries

2023-02-21
Petition DENIED.
2023-01-25
DISTRIBUTED for Conference of 2/17/2023.
2023-01-25
Reply of petitioner Consumer Data Industry Association filed. (Distributed)
2023-01-10
2022-12-19
2022-12-19
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2022-12-08
Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2023.
2022-12-07
Motion to extend the time to file a response from December 19, 2022 to January 18, 2023, submitted to The Clerk.
2022-11-16
Petition for a writ of certiorari filed. (Response due December 19, 2022)
2022-10-21
Application (22A259) granted by The Chief Justice extending the time to file until November 16, 2022.
2022-10-18
Application (22A259) to extend further the time from November 2, 2022 to November 16, 2022, submitted to The Chief Justice.
2022-09-23
Application (22A259) granted by The Chief Justice extending the time to file until November 2, 2022.
2022-09-20
Application (22A259) to extend the time to file a petition for a writ of certiorari from October 3, 2022 to November 2, 2022, submitted to The Chief Justice.

Attorneys

Aaron M. Frey, et al.
Christopher C. TaubOffice of the Attorney General, Respondent
Christopher C. TaubOffice of the Attorney General, Respondent
ACA International
Julian Richard Ellis Jr.Brownstein Hyatt Farber Schreck, LLP, Amicus
Julian Richard Ellis Jr.Brownstein Hyatt Farber Schreck, LLP, Amicus
Chamber of Commerce of the United States of America
Misha TseytlinTroutman Pepper Hamilton Sanders LLP, Amicus
Misha TseytlinTroutman Pepper Hamilton Sanders LLP, Amicus
Consumer Data Industry Association
Paul D. ClementClement & Murphy, PLLC, Petitioner
Paul D. ClementClement & Murphy, PLLC, Petitioner