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James W. Dabney v. TD Bank, N.A.

James W. Dabney v. TD Bank, N.A.

2013 N.J. Super. Unpub. LEXIS  54 (App. Div., Jan. 8, 2013); certif. denied, 214 N.J. 113, 67 A.3d 1188 (2013); cert. denied, 571 U.S. __ (2013), 2013 U.S. LEXIS 9104, 82 U.S.L.W. 3364 (U.S., Dec. 16, 2013).

In Dabney, ZEK successfully defended against plaintiff Dabney’s appeal to the Appellate Division of the Superior Court of New Jersey.   The Appellate Division affirmed the trial court’s judgment dismissing a common law defamation cause of action against T.D. Bank, with the Appellate Division ruling that Dabney’s common law defamation claim was preempted in its entirety by the applicable provisions of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x (“FCRA”), in that Dabney’s defamation claim related to the Bank’s reporting duties under the FCRA.

The New Jersey Supreme Court denied plaintiff’s petition for certification and dismissed the appeal; the United States Supreme Court unanimously denied plaintiff’s petition for a Writ of Certiorari.