California Court of Appeal

In a class action lawsuit against MBNA America Bank, N.A., for its purportedly unlawful business practices under Bus. & Prof. Code section 17200, involving preprinted checks sent to its customers without any of the disclosures required by section 1748.9, judgment on the pleadings in favor of MBNA finding section 1748.9 preempted by federal law applicable to national banks is reversed where: 1) section 1748.9 is not, on its face, preempted; 2) section 1748.0 does not preclude national banks from exercising their authority to lend money on personal security under section 24 of title 12 of the United States Code; and 3) without a factual record, a court cannot conclude that section 1748.9 significantly impairs national banks' authorized activities.

Appellate Information

• Decided 05/12/2010
• Published 05/12/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rosner & Mansfield, Michael R. Vachon;  Law Office of Michael R. Vachon and Michael R. Vachon for Plaintiff and Appellant.


• For Appellees:
  
• Arnold & Porter, Laurence J. Hutt, Teri R. Richardson, and Christopher S. Tarbell for Defendant and Respondent.