Supreme Court of California

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Brown v. Mortensen, S180862

In a dispute concerning the available remedies under the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. section 1320d et seq., and the Fair Credit Reporting Act (FCRA), 15 U.S.C. section 1681 et seq., judgment of the court of appeals is reversed because: 1) the FCRA, 15 U.S.C. section 1681t(b)(1)(F) preempts state law claims only insofar as they arise out of a requirement or prohibition with respect to the specific furnisher duties regulated by section 1681s-2; and 2) claims, as pleaded, do not involve the same subject matter as section 1681s-2 and thus are not preempted.

Appellate Information

  • Decided 06/16/2011
  • Published 06/17/2011

Judges

  • WERDEGAR

Court

  • Supreme Court of California

Counsel