Tort Claim

Second Circuit Holds FCRA Preempts State Tort Claims

Macpherson v. JP Morgan Chase Bank, NA

Consumer alleged that Chase provided false information about his finances to Equifax, a consumer credit reporting agency. Chase removed the case to federal court and moved for dismissal under Fed.R.Civ.Pro. 12(b)(6), on the grounds that the consumer's claims were preempted by the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681t(b)(1)(F). Consumer appealed from the district court's dismissal of his state common law tort claims. The Second Circuit affirmed the judgment of the district court and held that the FCRA preempted consumer's state law claims against Chase.

Macpherson v. JPMorgan Chase