Purcell v. Bank of America

Dist. Ct. erred in failing to grant defendant's motion to dismiss on preemption grounds plaintiff-class action's common law claim alleging that defendant improperly told credit agencies that plaintiff was behind in payments on loan. Plaintiff's similar federal action was properly dismissed where said claim arose under section 1681s-2(a) of Fair Credit Reporting Act (FCRA), which did not create private cause of action. Moreover, instant state-court action was preempted under section 1681t(b) of FCRA. Ct. rejected Dist. Ct.'s belief that preemption language contained in section 1681t(b) applied only to state statutes, as opposed to state common-law actions.