Greenwood Trust Co. v. Conley

We granted certiorari in the case of Conley v. Greenwood Trust Co., 923 P.2d 307 (Colo.App.1996), to determine whether section 5-5-108, 2 C.R.S. (1992), of the Colorado Uniform Consumer Credit Code is preempted by a provision of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 (1994).1 The court of appeals held that the Fair Credit Reporting Act does not preempt section 5-5-108 because the Colorado statute is not an action in the nature of defamation, and reversed the trial court’s entry of summary judgment. We determine that a claim solely under subsection 5-5-108(4)(d)(IV) ⅛ in the…