Relation to State Laws
State laws cannot interfere with the Fair Credit Reporting Act and the collection, distribution, or use of your personal credit report information.
Relation to State laws: Section 1681t
- A general overview of FCRAand state laws
- General FCRAexceptions
- A firm offer of credit or insurance – FCRA defined
- Limitations on settlements, agreements, judgments
Up (a) In general
Except as provided in subsections (b) and (c) of this section, this subchapter does not annul, alter, affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency.
Up (b) General exceptions
No requirement or prohibition may be imposed under the laws of any State –
(1) with respect to any subject matter regulated under –
(A) subsection (c) or (e) of section 1681b of this title, relating to the prescreening of consumer reports;
(B) section 1681i of this title, relating to the time by which a consumer reporting agency must take any action, including the provision of notification to a consumer or other person, in any procedure related to the disputed accuracy of information in a consumer’s file, except that this subparagraph shall not apply to any State law in effect on September 30, 1996;
(C) subsections (a) and (b) of section 1681m of this title, relating to the duties of a person who takes any adverse action with respect to a consumer;
(D) section 1681m(d) of this title, relating to the duties of persons who use a consumer report of a consumer in connection with any credit or insurance transaction that is not initiated by the consumer and that consists of a firm offer of credit or insurance;
(E) section 1681c of this title, relating to information contained in consumer reports, except that this subparagraph shall not apply to any State law in effect on September 30, 1996; or
(F) section 1681s-2 of this title, relating to the responsibilities of persons who furnish information to consumer reporting agencies, except that this paragraph shall not apply –
(i) with respect to section 54A(a) of chapter 93 of the Massachusetts Annotated Laws (as in effect on September 30, 1996); or
(ii) with respect to section 1785.25(a) of the California Civil Code (as in effect on September 30, 1996);
(2) with respect to the exchange of information among persons affiliated by common ownership or common corporate control, except that this paragraph shall not apply with respect to subsection (a) or (c)(1) of section 2480e of title 9, Vermont Statutes Annotated (as in effect on September 30, 1996); or
(3) with respect to the form and content of any disclosure required to be made under section 1681g(c) of this title.
Up (c) ”Firm offer of credit or insurance” defined
Notwithstanding any definition of the term ”firm offer of credit or insurance” (or any equivalent term) under the laws of any State, the definition of that term contained in section 1681a(l) of this title shall be construed to apply in the enforcement and interpretation of the laws of any State governing consumer reports.
Up (d) Limitations
Subsections (b) and (c) of this section –
(1) do not affect any settlement, agreement, or consent judgment between any State Attorney General and any consumer reporting agency in effect on September 30, 1996; and
(2) do not apply to any provision of State law (including any provision of a State constitution) that –
(A) is enacted after January 1, 2004;
(B) states explicitly that the provision is intended to supplement this subchapter; and
(C) gives greater protection to consumers than is provided under this subchapter