United States Second Circuit

In an action alleging employees of defendant committed identity theft, the district court's granting of defendant's motion to dismiss on preemption grounds is vacated where the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sections 1681 et. seq., does not preempt New York's civil cause of action for identity theft contained in N.Y. Gen. Bus L. sections 380-1 and 380-s, because the alleged identity theft at issue is not "with respect to" the responsibilities of persons who furnish information to consumer reporting agencies as required by the statute.

Appellate Information

• Decided 09/30/2015
• Published 09/30/2015

Judges

• MEYER

Court

• United States Second Circuit

Counsel