United States Ninth Circuit

After remand, in a case interpreting California's Financial Information Privacy Act (FIPA) in light of the federal Fair Credit Reporting Act (FCRA), a ruling that the FRCA entirely preempted FIPA section 4053(b)(1), which restricts the sharing of nonpublic consumer personal information between financial institutions and their affiliates, is reversed and remanded where the preempted portions of FIPA are severable, narrowing FIPA section 4053(b)(1) to exclude consumer report information as defined by the FCRA.

Appellate Information

• Argued 06/09/2008
• Decided 09/04/2008
• Published 09/04/2008

Judges

• Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and DAVID A. EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Catherine Z. Ysrael and Michele R. Van Gelderen, Deputy Attorneys General, State of California, Los Angeles, CA, for the defendants-appellants/cross-appellees., E. Edward Bruce and Keith A. Noreika, Covington & Burling, Washington, D.C., for the plaintiffs-appellees/cross-appellants.