Brown v. MortensenAnnotate this Case
In this case, the court addressed the remedies available to a patient when a debt collector, acting on behalf of a medical professional, was asserted to have illegally disclosed confidential patient information to various consumer reporting agencies in the course of a dispute over an alleged medical debt. At issue was whether all state law claims arising from the furnishing of information to consumer reporting agencies were preempted by the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681t(b)(1)(F). The court concluded that, because of the dual state and federal responses to the protection of an individual's privacy and accuracy interests, when the interests overlap, as in this case, the question of what remedies were available was a federalism problem. The court subsequently held that Congress did not intend for the state remedies to be preempted. Accordingly, the court reversed and remanded for further proceedings.