[¶ 1] We are called upon to determine whether Maine’s long-arm statute, 14 M.R.S.A. § 704-A(2)(B) (2003), confers personal jurisdiction over an out-of-state creditor who does not do business in Maine, but who has refused to remedy an alleged defect in a credit report affecting a Maine debtor. Roy Bickford, a Maine resident, appeals from an order of the Superi- or Court (Penobscot County, Mead, J.) dismissing his complaint for lack of personal jurisdiction over the defendant, On-slow Memorial Hospital Foundation, Inc., a North Carolina corporation. Because we conclude that the Maine Superior Court has personal jurisdiction over the hospital, we vacate the judgment of dismissal.
I. BACKGROUND
[¶ 2] Bickford alleges the following facts in his complaint. He was married in July 1997 and moved to Maine with his wife in June 1998. In September 1998, his wife left the marital residence. She moved to North Carolina that December. Bickford and his wife entered into a separation agreement that provided the parties would each pay their own debts as of August 18, 1998. The two divorced in 1999.
[¶ 3] Sometime after September 1998, Bickford’s wife obtained medical services for her daughter at Onslow Memorial Hospital, a nonprofit corporation incorporated and having its place of business in North Carolina. Bickford had no legal relationship with his wife’s daughter and never agreed to pay for the services. The hospital did not provide notice to Bickford that it would hold him financially responsible for the treatment. Nonetheless, the hospital notified credit-reporting agencies that Bickford had been “placed in collection” for failing to pay for the services. Although Bickford contacted the hospital and asked it to correct the false statement, it refused to do so. Bickford learned from his bank that he will not qualify for a mortgage because of the apparent outstanding debt to the hospital.
[If 4] Based on these allegations, Bick-ford asserted two counts of defamation, one count of tortious interference "with an economic advantage, and one count of intentional infliction of emotional distress. The hospital moved to dismiss the complaint on the ground that Maine lacked personal jurisdiction over the hospital. Bickford opposed the motion and filed an affidavit reiterating the factual allegations of his complaint. The hospital submitted the affidavit of its risk manager who averred that the hospital treats patients in North Carolina, and does not own any property, have any contractual relationships, or solicit any business or funding in Maine or from Maine residents. The court
II. DISCUSSION
A. Fair Credit Reporting Act
[¶ 5] We begin by noting that this dispute could be addressed through the procedures set out in the federal Fair Credit Reporting Act (FCRA), 15 U.S.C.A. §§ 1681-1681x (1998 & Supp.2004). In enacting FCRA, Congress found that “unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.” 15 U.S.C.A. § 1681(a)(1) (1998). Congress also concluded that “[tjhere is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.” 15 U.S.C.A. § 1681(a)(4) (1998).
[¶ 6] Although FCRA provides a process for disputing the accuracy of information in credit reports, 15 U.S.C.A. § 1681s-2 (1998 & Supp.2004), Bickford does not allege that he sought relief under FCRA or that he has had any contact with the credit reporting agency that has reported the information provided from Onslow Hospital.
[¶ 7] Nor did the hospital raise the remedies available through FCRA to the motion court.
[¶ 8] We do not, therefore, opine as to FCRA’s effect on this cause of action. See Landmark Realty v. Leasure,
B. Personal Jurisdiction Over Bickford’s Tort Claims
[¶ 9] Accordingly, we go on to determine whether the exercise of personal jurisdiction over Onslow Hospital by the Maine Superior Court in the present case complies with the provisions of Maine’s long-arm statute, 14 M.R.S.A. § 704-A, and the Due Process Clause of the United States Constitution, U.S. Const, amend. XIV, § 1.
[¶ 10] Maine’s long-arm statute,
1. Legitimate Interest in the Subject Matter of the Litigation
[¶ 11] Maine has a legitimate interest in allowing its residents a forum in which to seek redress when out-of-state creditors refuse to correct erroneous credit reports. See id. Credit reports substantially influence the ability of individuals to obtain financing for purchases that are vital to their fives and livelihoods. If a creditor actively refuses to correct the false credit report of a Maine resident, Maine has a legitimate interest in protecting the resident, whether or not the creditor is located outside of Maine’s boundaries. Cf. Suttie v. Sloan Sales, Inc.,
2. Reasonable Anticipation of Litigation in Maine
[¶ 12] In addressing this second prong, Bickford relies on two United States Supreme Court cases in which the defendants were authors, editors, or publishers of periodicals that enjoyed circulation and readership in the states where suit was commenced. Calder v. Jones,
[¶ 13] We need not decide whether simply filing a report with a national credit agency that might share its information with lenders in Maine could establish a connection between the hospital and Maine that would justify Maine’s exercise of control. See World-Wide Volkswagen Corp. v. Woodson,
3. Traditional Notions of Fair Play and Substantial Justice
[¶ 14] We must next address the third prong’s requirement that the exercise of jurisdiction comport with traditional notions of fair play and substantial justice. Murphy,
[¶ 15] Maine has a strong interest in protecting its residents from abuses in credit reporting, and the hospital’s alleged contact with Maine forms the basis for Bickford’s tort claims against the hospital. Although the hospital’s contact with Maine has not been voluminous, its action as a creditor failing to correct an erroneous report has allegedly resulted in a substantial impact on a Maine resident. Although it is inconvenient for the hospital to defend a suit in Maine and potential witnesses are out-of-state, it would also be burdensome for Bickford, whose credit has allegedly been compromised, to prosecute an action in North Carolina. The hospital has failed to demonstrate that it offends traditional notions of fair play and substantial justice to hale the hospital into court in Maine.
The entry is:
Judgment of dismissal vacated. Remanded to the Superior Court for further proceedings consistent with this opinion.
Notes
. The only mention of FCRA to the motion court appears in one sentence of the hospital’s reply memorandum in support of dismissal: "Plaintiff's claims are likely covered by the Fair Credit Reporting Act, a federal statute.” A party may not, however, raise new issues in a reply memorandum. M.R. Civ. P. 7(e).
. A motion to dismiss for lack of personal jurisdiction may be decided prior to trial based on the parties’ affidavits. Dorf v. Com-plastik Corp.,
. The following portion of the long-arm statute is relevant in the present case:
Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated in this section, thereby submits such person ... to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:
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B. Doing or causing a tortious act to be done, or causing the consequences of a tortious act to occur within this State
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14 M.R.S.A. § 704-A(2) (2003).
. Again, because the existence of remedies and process through FCRA was not raised in the motion court, we do not decide whether the application of that Act would alter our analysis of whether it is fair to hale the hospital into court in the State of Maine to respond to tort claims.
