Consumer Data Industry v. King, No. 11-2085 (10th Cir. 2012)
Annotate this CaseBefore a New Mexico law making it easier for identity theft victims to expunge negative information from their credit reports took effect, the Consumer Data Industry Association (CDIA) brought a pre-enforcement challenge, contending that the law was preempted by the federal Fair Credit Reporting Act (FCRA). The CDIA sought declaratory and injunctive relief against the New Mexico Attorney General, who with aggrieved consumers, had the authority to enforce the law through a civil lawsuit. Upon review, the federal district court concluded that equitable relief against the Attorney General would not adequately redress CDIA's injuries, the district court dismissed the case as non-justiciable. Upon review, the Tenth Circuit disagreed and vacated the district court's judgment, remanding the case for further proceedings.
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