Hood, et al. v. JP Morgan Chase & Co., et al., No. 13-60686 (5th Cir. 2013)Annotate this Case
The State filed six in parens patriae complaints in state court alleging that six credit card companies (defendants) violated the Mississippi Consumer Protection Act (MCPA), Miss. Code Ann. 75-24-1, by charging consumers for products they did not want or need. Defendants removed to federal court arguing that there was federal subject matter jurisdiction because this was a mass action under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. 1332(d), 1453, 171 1-171 5, and because the State's MCPA claims were preempted by the federal National Banking Act (NBA), 12 C.F.R. Part 37. The court reversed and remanded, concluding that neither CAFA nor complete preemption by the NBA provided the basis for subject matter jurisdiction.
The court issued a subsequent related opinion or order on January 20, 2014.