Curtis v. Citibank, South Dakota, N.A.

¶1 Meril Curtis (Curtis) appeals from an order of the Fourth Judicial District Court, Missoula County, finding in favor of Citibank, South Dakota, N.A. (Citibank) on Citibank’s Motion for Judgment on the Pleadings. We reverse and remand.

¶2 Curtis argues several issues, which we reframe as follows: Did the District Court err in determining that Curtis’ state law claims were preempted by the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681-168 lx?

PROCEDURAL AND FACTUAL BACKGROUND

¶3 The facts as set forth in Curtis’ Amended Complaint allege that in July 2008, Curtis’ house guest took…