United States First Circuit

Where the Office of the Comptroller of the Currency's (OCC) opinion letter, stating that the Gramm-Leach-Bliley Act of 1999 (GLBA), Pub. L. No. 106-102, 113 Stat. 1338 (1999), preempts three provisions of a Massachusetts consumer protection statute, it does not create a justiciable "regulatory conflict" within the meaning of the GLBA, and the petition is dismissed.

Appellate Information

• Decided 02/13/2003
• Published 02/13/2003

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas A. Barnico, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for the petitioners., John B. Williams, Scott A. Sinder, and Christy Hallam DeSanctis, and Collier, Shannon, Scott, PLLC on brief for amici curiae the Independent Insurance Agents of America, Inc., and the National Association of Professional Insurance Agents, Inc., John W. Bauer, Andrew J. Beal, Eric A. Smith and Rackemann, Sawyer & Brewster, on brief for amicus curiae the National Association of Insurance Commissioners., Brenda R. Sharton, Collin O'Connor Udell, and Goodwin Procter, LLP on brief for amici curiae the Massachusetts Bankers Association, American Bankers Association, American Bankers Insurance Association, America's Community Bankers, and Independent Community Bankers of America., Kenneth F. Ehrlich, John J. O'Connor, and Peabody & Arnold, LLP, on brief for amicus curiae Banknorth, N.A.


• For Appellees:
  
• Douglas B. Jordan, with whom Julie L. Williams, Daniel P. Stipano, and L. Robert Griffin, were on brief for the respondents.