Fair Credit Reporting Act: Preemption of State Law
Publication Date: August 2003
Publisher: Library of Congress. Congressional Research Service
Author(s):
Research Area: Banking and finance
Type:
Abstract:
Generally, the Fair Credit Reporting Act (FCRA) only preempts state laws that are inconsistent with the federal law. However, there are a number of specific provisions of the Fair Credit Reporting Act under which states may not enact laws that impose additional requirements or prohibitions. The specific preemption provisions are set to expire at the end of 2003. After January 1, 2004, states would be able to enact laws relating to the areas currently addressed only under federal law. This report provides an overview of the Fair Credit Reporting Act's preemption provisions and discusses the implications of allowing those provisions to expire.1 Recently introduced legislation (S. 660, H.R. 1766, H.R. 2622) will also be discussed. This report will be updated as events warrant.
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