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McCLOUD v. HOMESIDE LENDING

Civil Action No. CV-03-S-2511-NE.

309 F.Supp.2d 1335 (2004)

Yolanda McCLOUD, Plaintiff, v. HOMESIDE LENDING, a Division of Washington Mutual Bank FA, Defendant.

United States District Court, N.D. Alabama, Northeastern Division.

January 30, 2004.

Attorney(s) appearing for the Case

Kevin D. Heard, Heard & Heard PC, Huntsville, AL, for plaintiff.

Bartley G. Loftin, III, Ashley Swink Sheehan, Balch & Bingham, Huntsville, AL, Charles B. Paterson, Balch & Bingham LLP, Montgomery, AL, for defendant.

MEMORANDUM OPINION

SMITH, District Judge.

This action is before the court on defendant's motion to dismiss counts II through V of plaintiff's complaint. Defendant argues that the state-law tort claims asserted in these counts — i.e., claims for negligence, wantonness, defamation, and invasion of privacy, respectively-are preempted by the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 1681h(e),1 1681t...

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