National Bank Act Preempts Civil Code § 1748.9.

Civil Code §1748.9 requires certain disclosures on preprinted convenience checks issued by banks to credit card users.  The National Bank Act of 1864 [13 Stat. 99] (“NBA”) contains no such requirement.  The California Supreme Court concluded “the NBA preempts Civil Code section 1748.9 because the state law stands as an obstacle to the broad grant of power given by the NBA to national banks to conduct the business of banking.”  Parks v. MBNA America Bank (Cal. Sup. Ct.; June 21, 2012) 54 Cal.4th 376.