On October 24, the Middle District of Pennsylvania dismissed a putative class action against TD Bank USA, holding that the plaintiff’s state law claims were preempted by the Fair Credit Reporting Act. The case is Prukala v. TD Bank United States, 2016 U.S. Dist. LEXIS 146614 (M.D. Pa. October 24, 2016).
Plaintiff Michael Prukala alleged that TD Bank violated Pennsylvania’s Fair Credit Extension Uniformity Act, Unfair Trade Practices and Consumer Protection Law, and Pennsylvania common law by listing incorrect entries on his credit report. Prukala claimed that while he disputed one of his accounts with TD Bank, the bank never informed any credit reporting agencies of the dispute.
In response to Prukala’s complaint, TD Bank filed a motion to dismiss, arguing that Prukala’s state law claims were preempted by the FCRA.
The Court agreed with TD Bank, finding that § 1681t(b)(1)(F) of the FCRA preempts “all state statutory and common law claims.” The Court also noted that TD Bank was a furnisher of information to credit reporting agencies, hinting that, had Prukala alleged violations of the FCRA rather than his state law claims, the Court may have denied TD Bank’s motion to dismiss.