In an issue of first impression, the state Superior Court has forged Pennsylvania case law from a conflicting body of federal cases dealing with the federal Fair Credit Reporting Act’s pre-emption of common law causes of action.
While a trio of federal decisions examined by the unanimous three-judge panel varied in their interpretations of the FCRA’s pre-emption provisions, the appeals court found all the cases pointed to the same conclusion: a Pennsylvania couple is prohibited from suing their mortgage company for negligence and defamation. Key to the holding was the fact that the couple failed to plead malice of willful intent to injure.
