A federal appeals court has sent a lawsuit based on an identity theft law back to a New Mexico district court, LegalNewsline reports. Calling the case non-justiciable, the district court had dismissed the lawsuit filed by credit reporting agencies against state Attorney General Gary King, which alleged the Fair Credit Reporting and Identity Security Act--enacted by the state's legislature--was preempted by the federal Fair Credit Reporting Act. Though the district court ruled the plaintiffs failed to prove "redressability," the U.S. Court of Appeals for the Tenth Circuit has found the plaintiffs do have standing to sue King for injunctive relief.
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