| Entities | New Jersey (9) |
| Laws | |
| Topics and Issues | Limited English Proficiency (LEP) (10) Preemption (11) |
In October 2019, CDIA filed suit against the State of New Jersey challenging the validity of a new law that seeks to impose obligations on the nationwide consumer reporting agencies to provide credit reports to consumers in New Jersey in at least 11 languages other than English. The New Jersey law is preempted by the FCRA. The law also violates the First Amendment of the U.S. Constitution. The law that passed is Ch. 183, Session Law 2019 codified at N.J. Code Sec. 56:11-34.
The Senate bill was S. 3542 by Senators Teresa Ruiz (D-Newark), the Senate President Pro Tempore; and Nellie Pou (D-Patterson), the Chair of Commerce and the New Jersey Legislative Latino Caucus Chair. The Assembly bill was A. 5055 by Assemblywoman Yvonne Lopez (D-Perth Amboy); Assemblyman Jamel Holley (D-Elizabeth); Assemblyman Gary Schaer (D-Passaic), the Deputy Speaker; Assemblyman Robert Karabinchak (D-Edison), the Deputy Majority Whip; and Assemblywoman Britnee N. Timberlake (D-East Orange).
Relevant documents:
- Complaint (10/17/2020)
- New Jersey’s uncontested motion to file late (2/3/2020)
- New Jersey’s answer (2/14/2020)
- CDIA’s statement of material facts not in dispute (1/21/2022)
- CDIA’s stipulated facts for the purposes of CDIA’s motion for summary judgment (1/21/2022)
- CDIA’s motion for summary judgment (1/21/2022)
- New Jersey’s statement of facts not in dispute (1/21/2022)
- New Jersey’s motion for summary judgment (1/21/2022)
- National Consumer Law Center (NCLC) motion for leave to file an amicus brief in support of New Jersey’s motion for summary judgment (1/28/2022).
- National Consumer Law Center (NCLC) amicus in support of New Jersey’s motion for summary judgment (March 24, 2022).
- New Jersey’s memorandum of law in support of its motion for summary judgment (March 24, 2022).
- New Jersey’s opposition to CDIA’s motion for summary judgment (March 24, 2022).
- CDIA’s memorandum of law in support of its motion for summary judgment motion for summary judgment, declaratory judgment, and a request for oral argument (April 18, 2022).
- CDIA’s statement of material facts not in dispute (April 18, 2022).
- CDIA’s and New Jersey’s stipulated facts (April 18, 2022).
- New Jersey’s memorandum in opposition to CDIA’s motion for summary judgment (April 18, 2022).
- CDIA’s reply in support of its motion for summary judgment (April 18, 2022).
- CDIA’s memorandum in opposition to New Jersey’s motion for summary judgment (April 18, 2022).
- CDIA’s response to New Jersey’s statement of material facts not in dispute (April 18, 2022).
- New Jersey submitted supplemental authority to the District Court citing the CFPB’s June 28, 2022, interpretive guidance on preemption (July 1, 2022).
- CDIA’s reply to New Jersey’s submission of supplemental authority (July 8, 2022).
- CDIA’s brief (Sept. 5, 2023) to the District Court on what deference, if any, should be afforded the CFPB’s informal interpretive rule on the scope of FCRA preemption of state laws.
- New Jersey filed its reply (Sept. 19, 2023) to CDIA’s brief (Sept. 5, 2023) to the District Court on what deference, if any, should be afforded the CFPB’s informal interpretive rule on the scope of FCRA preemption of state laws.
- The U.S. District Court for the District of New Jersey heard oral argument (Nov. 14, 2023) on CDIA’s motion for summary judgment and New Jersey’s motion for summary judgment. Judge Georgette Castner, presiding.
- On December 5, CDIA filed a supplemental briefing to the Court. New Jersey also filed a supplemental brief. Both briefs were requested by the Court.
- In March 2024, the U.S. District Court for New Jersey issued its opinion and order.