United States Fourth Circuit

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Decohen v. Capital One, N.A., 11-2161

In plaintiff's putative class action against Capital One, alleging claims for breach of contract and violation of the Maryland Credit Grantor Closed End Provisions (CLEC), which requires a lender to cancel remaining loan balance when a car is totaled and the insurance payout does not cover the entire outstanding balance, district court's dismissal of the complaint is reversed and remanded where: 1) the district court erred in deeming plaintiff's CLEC claim preempted by federal law and regulations, and defendant is subject to the terms of the CLEC in loans it acquires through assignment; and 2) the district court erred in dismissing the breach of contract claim because a breach of contract claim demonstrably has been adequately pleaded.

Appellate Information

  • Decided 12/26/2012
  • Published 12/26/2012


  • Davis


  • United States Fourth Circuit


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