AMERICAN BANKERS ASS'N. v. GOULD

Nos. 04-16334, 04-16560.

412 F.3d 1081 (2005)

AMERICAN BANKERS ASSOCIATION; The Financial Services Roundtable; Consumer Bankers Association, Plaintiffs-Appellants, v. Howard GOULD, in his official capacity as Commissioner of the Department of Financial Institutions of the State of California; William P. Wood, in his official capacity as Commissioner of the Department of Corporations of the State of California; John Garamendi, in his official capacity as Commissioner of the Department of Insurance of the State of California; Bill Lockyer, in his official capacity as Attorney General of California, Defendants-Appellees. American Bankers Association; The Financial Services Roundtable; Consumer Bankers Association, Plaintiffs-Appellants, v. Howard Gould, in his official capacity as Commissioner of the Department of Financial Institutions of the State of California; William P. Wood, in his official capacity as Commissioner of the Department of Corporations of the State of California; John Garamendi, in his official capacity as Commissioner of the Department of Insurance of the State of California; Bill Lockyer, in his official capacity as Attorney General of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2005.


Attorney(s) appearing for the Case

E. Edward Bruce, Keith A. Noreika, Covington & Burling, Washington, D.C.; Richard A. Jones, Covington & Burling, San Francisco, CA, for the plaintiffs-appellants.

Kimberly L. Gauthier, California Department of Corporations, Sacramento, California; Susan E. Henrichsen, Supervising Atty. General, Catherine Z. Ysrael, Michele Van Gelderen, Deputy Atty. Generals, Office of the California Attorney General, San Diego, CA, for the defendants-appellees.

Nancy L. Perkins, Arnold & Porter, Washington, D.C., for amicus America's Community Bankers.

Bruce E. Clark, Sullivan & Cromwell, New York, NY, for amicus Clearing House Association.

William H. Jordan, Alston & Bird, Atlanta, GA, for amicus Investment Company Institute, et al.

L. Richard Fischer, Morrison & Foerster, Washington, D.C., for amicus Citizens for a Sound Economy.

Thomas J. Segal, Office of Thrift Supervision, Washington, D.C., for amicus Office of Thrift Supervision.

Horace G. Sneed, Washington, D.C., for amicus Office of the Comptroller of the Currency.

Kathryn R. Norcross, Federal Deposit Insurance Corporation, Washington, D.C., for amicus Federal Deposit Insurance Corporation.

Richard M. Ashton, Bd of Governors of the Federal Reserve System, Washington, D.C., for amicus Board of Governors of the Federal Reserve System.

Hattie M. Ulan, National Credit Union Administration, Alexandria, VA, for amicus National Credit Union Administration.

John F. Daly, Federal Trade Commission, Washington, D.C., for amicus Federal Trade Commission.

Scott D. McKinlay, E-Loan, Inc., Pleasanton, CA, for amicus E-Loan, Inc.

Julie Brill, Office of the Attorney General, Montpelier, VT, for amici State of Vermont, et al.

Before: KOZINSKI, W. FLETCHER, and BYBEE, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge.

The question in this appeal is whether the federal Fair Credit Reporting Act ("FCRA") preempts the California Financial Information Privacy Act (commonly known as "SB1") insofar as it regulates the exchange of information among financial institutions and their affiliates. The district court granted summary judgment to the Attorney General, holding that SB1 is not preempted in any respect. We reverse. We hold that the FCRA preempts...

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