Liceaga v. Debt Recovery Solutions, LLC
The Plaintiff in this case is an identity-theft victim whose credit was damaged when the defendant debt collector continued reporting information on a fraudulent account opened by the identity theft, in violation of the California Consumer Credit Reporting Agencies Act (CRAA). We filed a Petition for Review in the California Supreme Court, arguing that the court should grant review because the decision of the court below conflicts with decisions by the U.S. Court of Appeals for the Ninth Circuit and a different division of the court of appeal, both of which held that the federal Fair Credit Reporting Act (FCRA) expressly saved the CCRAA from preemption, and is also in conflict with U.S. Supreme Court jurisprudence. Public Justice’s Paul Bland and Leslie Bailey are lead counsel on the petition. Co-counsel is Alec Trueblood of Los Angeles.
On April 29, 2009, the California Supreme Court denied review, but depublished the court of appeals decision finding preemption so that it is no longer good law in California.
Our appeal of a decision by the California Court of Appeal holding that the remedies provisions of the California Consumer Credit Reporting Agencies Act are preempted by the federal Fair Credit Reporting Act.