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FIA Card Services, N.A. v. Gorman

Certiorari Denied

Petition for certiorari denied on October 4, 2010.

Docket No.09-1142
Op. Below9th Circuit

Issue

1) Whether Section 1681s-2(b) of the Fair Credit Reporting Act (“FCRA"?) makes unlawful a furnisher's failure to echo back to the consumer reporting agencies (“CRAs”?) a consumer dispute of which the CRA advised the furnisher, when the obligation to notify CRAs of disputes is expressly found in Section 1681s-2(a) of FCRA, 15 U.S.C. § 1681s-2(a), and FCRA's private rights of action are available to enforce violations of Section 1681s-2(b) but not Section 1681s-2(a); and 2) whether Section 1681t of FCRA, 15 U.S.C. § 1681t, preempts a California statute that creates a private damages remedy for violations of state law with respect to the obligations of furnishers of information to CRAs.

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