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EPPS v. JP MORGAN CHASE BANK, N.A.

No. 10-2444.

675 F.3d 315 (2012)

Donna EPPS, On her own behalf and on behalf of all others similarly situated, Plaintiff-Appellant, v. JP MORGAN CHASE BANK, N.A., Defendant-Appellee, and Chase Auto Finance, Defendant. Center For Responsible Lending; National Consumer Law Center, Amici Supporting Appellant, American Bankers Association; Consumer Bankers Association; The Financial Services Roundtable, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Frank Paul Bland, Jr. , Public Justice, Washington, D.C., for Appellant. Martin C. Bryce, Jr. , Ballard Spahr, LLP, Philadelphia, Pennsylvania, for Appellee. ON BRIEF: Melanie Hirsch , Public Justice, Washington, D.C.; Scott C. Borison , Legg Law Firm LLC, Frederick, Maryland, for Appellant. Alan S. Kaplinsky , Ballard Spahr, LLP, Philadelphia, Pennsylvania; Glenn A. Cline , Ballard Spahr, LLP, Baltimore, Maryland, for Appellee. Joanne L. Werdel , Nina F. Simon , Kenneth Edwards , Center for Responsible Lending, Washington, D.C.; John Van Alst , National Consumer Law Center, Boston, Massachusetts, for Amici Supporting Appellant. C. Dawn Causey , Gregory F. Taylor , American Bankers Association, Washington, D.C., for Amici Supporting Appellee.

Vacated and remanded by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge DIAZ joined.

OPINION

AGEE, Circuit Judge:

Donna Epps appeals the district court's judgment granting JP Morgan Chase Bank, N.A.'s ("Chase") motion to dismiss her putative class action claim brought pursuant to the Maryland Credit Grantor Closed End Credit Provisions ("CLEC"), Md.Code Ann., Com. Law § 12-1001 et seq. The district court concluded that federal regulations preempt relevant portions of the CLEC and that the retail sales installment contract ("RIC...

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