Opinion
Case No. 2:04-cv-00778 MCE KJM.
October 27, 2008
FINAL JUDGMENT AND PERMANENT INJUNCTION
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
On remand from the United States Court of Appeals for the Ninth Circuit, this Court enters the following final judgment and permanent injunction:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
In accord with the decisions of the United States Court of Appeals for the Ninth Circuit in American Bankers Association, et al. v. Gould, et al., Nos. 04-16334 04-16560, 412 F.3d 1081 (2005), and American Bankers Association, et al. v. Lockyer, et. al., Nos. 05-17163 05-17206, 541 F.3d 1214 (2008), Cal. Fin. Code § 4053(b)(1) is preempted by 15 U.S.C. § 1681t(b)(2) of the Fair Credit Reporting Act "insofar as it attempts to regulate the communication between affiliates of `information,' as that term is used in [15 U.S.C.] § 1681a(d)(1)" of the Fair Credit Reporting Act, 412 F.3d at 1087, and, to the extent that Cal. Fin. Code § 4053(b)(1) is preempted, Defendants, as well as their successors and agents, are permanently enjoined from enforcing, or taking any other action under Cal. Fin. Code § 4053(b)(1).
Each party shall bear its own costs.
IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this action for purposes of enforcing the provisions of this Order.
IT IS SO ORDERED.