Cosmas v. American Express Centurion Bank

OPINION

WOLFSON, District Judge:

Plaintiff Nicholas Cosmas (“Cosmas”) brought his action under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and various state laws. In ruling on Defendant American Express Centurion Bank’s (“AMEX’s”) previous motion for summary judgment, the Court directed the parties to file supplemental briefing addressing whether Plaintiffs state-law based negligence and “malicious and retaliatory conduct” tort claims were preempted by the FCRA. Having reviewed the parties’ submissions, the Court now grants summary judgment on these claims.

I. BACKGROUND…