ARZOUMANIAN
v.
FORD MOTOR CREDIT COMPANY
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Plaintiff appealed the dismissal of his negligence claim regarding inaccurate credit reporting. The appellate court affirmed the dismissal as preempted by the Fair Credit Reporting Act, but reversed the trial court's direction to file in federal court, holding that state courts have concurrent jurisdiction over FCRA claims.
The trial court properly dismissed the negligence claim as preempted by the FCRA. However, state courts have concurrent jurisdiction with federal courts to hear FCRA claims, so the trial court erred in directing plaintiff to file in federal court. Plaintiff has the right to amend his complaint to assert a claim under the FCRA in state court.
[1] State law claims alleging negligent reporting of credit information are preempted by the Fair Credit Reporting Act (FCRA).
[2] State courts of competent jurisdiction have concurrent jurisdiction with federal courts to hear claims arising under the Fair Credit Reporting Act (FCRA).
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“an action to enforce any liability created under this subchapter may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction”
Establishes that FCRA claims may be brought in state courts of competent jurisdiction, not just federal courts
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Join FLexlaw to unlock all legal intelligenceMark Arzoumanian filed suit against Ford Motor Credit Company alleging negligent reporting of his credit information. The defendant moved to dismiss t…
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PER CURIAM. Plaintiff/Appellant, Mark Arzoumanian, filed suit against Defendant/Appellee Ford Motor Credit Company for negligently reporting his credit information. Defendant successfully moved to dismiss the claim as preempted by the Fair Credit Reporting Act (FCRA). Plaintiff appeals the dismissal and raises several issues. We agree that trial court properly dismissed the negligence claim as preempted. See Grimsley v. Moody, Jones, Ignio & Moreheaad, P.A., 126 So. 3d 1233, 1234 (Fla. 4th DCA 2012). In dismissing the claim, however, the trial court also ruled that "Plaintiff retains the right to file a Complaint in Federal Court setting forth a legally cognizable cause of action pursuant to the Fair Credit Reporting Act." This portion of the order must be reversed. The FCRA states: "an action to enforce any liability created under this subchapter may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction." 15 U.S.C.A. §1681p (1997) (emphasis added). The county court is a state court of competent jurisdiction, therefore it has concurrent jurisdiction with the federal courts to hear FCRA claims.
Accordingly, we AFFIRM the dismissal of Plaintiff's claim, but REVERSE to the extent that the trial court directed Plaintiff to file his claim in federal court, and REMAND with directions to allow Plaintiff the opportunity to file an amended complaint alleging a claim under the FCRA. BLANC, CARACUZZO, and OFTEDAL, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CIVIL): AY CASE NO.: 502015AP000085CAXXMB L.T. NO.: 502015SC006534XXXXNB
MARK ARZOUMANIAN, Appellant(s),
Opinion/Decision filed: AUG 2 2016
V.
FORD MOTOR CREDIT CO., LLC Appellee(s).
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Citator
Authorities Cited
- Grimsley v. Moody, Jones, Ingino & Morehead, P.A., 126 So. 3d 1233 (Fla. 4th DCA 2012)