Consumer Data Industry Ass'n v. Frey, No. 20-2064 (1st Cir. 2022)
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The First Circuit vacated and reversed the judgment of the district court holding that two laws passed by Maine's Legislature in 2019 that amended the Maine Fair Credit Reporting Act, Me. Rev. Stat. Ann. tit. 10, 1306 et seq. (Maine Act) were preempted under section 1681t(b)(1)(E) of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., holding that remand was required.
The amendments to the Maine Act were passed in order to regulate the reporting of overdue medical debt and debt resulting from economic abuse. Plaintiff, an industry group representing the "Big Three" credit reporting agencies, brought a facial preemption challenge to the laws. The district court concluded that the amendments were preempted by section 1681t(b)(1)(E). The First Circuit remanded the matter for further proceedings, holding (1) section 1681t(b)(1)(E) narrowly preempts state laws that impose requirements or prohibitions with respect to the specific subject matters regulated under section 1681c; and (2) the amendments were not preempted in their entirety.
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