Alert November 04, 2008

California Federal Court Prohibits State Officials From Enforcing Sections of the California Financial Information Privacy Act

A California federal court entered a final judgment prohibiting California officials from enforcing sections of the California Financial Information Privacy Act governing “consumer report information” communicated among affiliate financial institutions. As reported in the September 9, 2008 CFS Alert, the Ninth Circuit ruled that the Fair Credit Reporting Act preempted affiliate sharing provisions of the California Financial Information Privacy Act, as it relates to consumer report information, but otherwise upheld the Act. The court’s final order thus enjoins California from enforcing the Act as to consumer report information. Click here for a copy of American Bankers Association, et al. v. Brown, et al., No 2:04-cv-00778 (E.D. Cal. Oct. 27, 2008).