ALL >> Legal >> View Article
California Financial Privacy Law Partially Invalidated

The 9th Circuit Federal Court of Appeals has dealt a blow to privacy advocates by invalidating a California privacy law. In litigation brought by the American Bankers Association and others, the appellate court overruled the finding of a trial judge that the California law could stand. Instead, the appellate justices found the law to be pre-empted in part by the federal 2003 Fair and Accurate Credit Transactions Act.
When a state law conflicts with a federal one, the federal law takes precedent. For instance, the Supreme Court has ruled abortion to be constitutionally protected. No state may pass anti-abortion laws and have them enforced.
The question at issue in the California law was a section giving California residents the right to block financial institutions from selling their private information to third parties.
A San Francisco trial judge, Morrison C. England, Jr., had ruled the section conflicted with provisions of the Fair and Accurate Credit Transactions Act, but was not pre-empted because the federal law allowed for stricter state laws. The 9th Circuit court disagreed.
...
... he case will be returned to Judge Morrison in the next 60 days. He will then determine whether any other provisions dealing with the sale of personal financial information are still enforceable. Given the appellate ruling, it is difficult to imagine a ruling upholding this section of the California law.
Notwithstanding these developments, approximately seventy percent of the California privacy law is still enforceable. Financial institution still must get permission from customers prior to selling or sharing your information with third parties.
You should be concerned about financial institutions selling your private information to others. With all the incidents of identity theft in the news, chances are you will eventually become a target. Banks should be focusing on protecting their customers, not making a buck off private information.
About the Author
Richard A. Chapo is a San Diego Business Lawyer with SanDiegoBusinessLawFirm.com - This article is for information purposes only. Nothing in this article is intended to address the reader's specific situation nor does it create an attorney-client relationship.
Add Comment
Legal Articles
1. Uk Sponsor Licence Guide For Employers (2025 Updated)Author: The SmartMove2UK
2. Divorce In Singapore: What You Really Need To Know First
Author: Singapore Sole Parent
3. The Importance Of Communication Skills In The Best Criminal Lawyers
Author: glennrroderman
4. Hiring The Right Construction Lawyer Near You: What To Look For
Author: Robert J. Incollingo
5. Seeking Justice After A Dog Attack: Work With A Minnesota Dog Bite Accident Attorney
Author: sussmanlaw
6. How To Effectively Use Australian Immigration Consultancy Services In Hyderabad?
Author: Ankit Sharma
7. The Growing Importance Of Legal Recruitment In Today’s Competitive Market
Author: EMEA Legal
8. When Your Business Is Ready To Expand To The Uk, We Handle The Visas
Author: The SmartMove2UK
9. What Is Intellectual Property And Its Benefits?
Author: Alicia Reno
10. A Complete Guide To Eu Trademark Registration For Businesses Expanding Across Europe
Author: The Trademark Helpline
11. Bringing Your Loved Ones To The Uk: Your Guide To The Skilled Worker Dependant Visa
Author: Conroy Baker
12. How Long Does Llp Registration Take? Timeline Explained
Author: Jishan Khan
13. Starting A Business In Pune? 7 Essential Online Registrations You Shouldn’t Miss!
Author: Startupporta Business Services
14. Top Materials We Use In Our Best Custom Cnc Machining Parts
Author: YuYao QiDi Plastic Mold Factory
15. Why Every Business Needs A Corporate Lawyer In Dubai
Author: Dr. Hassan Elhais