Quote of the Day - As a general rule the most successful man in life is the man who has the best information.
The sale of such information used to be prohibited by California law, but permitted by federal law. The Ninth Circuit ruled that the less-restrictive federal law preempts California law, and invalidated portions of the California Financial Information Privacy Act. The Fair Credit Reporting Act won out.
But not completely. The Court left intact more than a majority of the California Act. Financial institutions must still have consumer permission before passing the information along to a nonaffiliated company. Plus, consumer opt-out provisions remain valid. The Ninth Circuit sent the case back to the trial court for further proceedings to determine just what provisions fall within the preemption.
The battle is far from over.