California Supreme Court

Robert A. Brown, Plaintiffs and Appellants v. Stewart Mortensen, Defendant and Respondent

June 16, 201151 Cal. 4th 1052

Summary

The court held that the Fair Credit Reporting Act does not preempt state Confidentiality of Medical Information Act claims based on unauthorized disclosure of medical information to consumer reporting agencies. The federal preemption provision reaches only state-law duties concerning the accuracy of furnished information and responses to officially noticed credit-reporting disputes, not independent medical-privacy duties. The court therefore reversed the Court of Appeal and remanded for further proceedings.