15 U.S.C. § 1681t: Relation to State laws

Summary

Makes the federal rules about consumer credit reports the main rule in many cases. States may have laws about collecting, sharing, using consumer information and stopping identity theft, and those state laws apply unless they conflict with the federal rules. If a state law and the federal rule conflict, the federal rule controls only to the extent of the conflict. Says states cannot make different rules on many specific topics the federal law covers — for example, prescreening, how fast credit bureaus must handle disputes (except for state laws in effect on September 30, 1996), duties when someone is denied credit, what can be in reports, responsibilities of companies that give data to bureaus (with two narrow state-law exceptions in effect on September 30, 1996), victim access, marketing uses of report data, certain notice duties, security freezes, and credit monitoring for active-duty military. It also limits state rules about sharing information among related companies, disclosures (including credit-score rules, with some California and Colorado exceptions in effect on December 4, 2003), and how often free reports must be given (with several state exceptions in effect on December 4, 2003). The federal definition of “firm offer of credit or insurance” must be used in state law. Any settlement or consent judgment between a State Attorney General and a consumer reporting agency that was in effect on September 30, 1996 stays in effect.

Title 15, §1681t

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

Except as provided in subsections (b) and (c), 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, or for the prevention or mitigation of identity theft, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency.

(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;

(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);

(G)section 1681g(e) of this title, relating to information available to victims under section 1681g(e) of this title;

(H)section 1681s–3 of this title, relating to the exchange and use of information to make a solicitation for marketing purposes;

(I)section 1681m(h) of this title, relating to the duties of users of consumer reports to provide notice with respect to terms in certain credit transactions;

(J)subsections (i) and (j) of section 1681c–1 of this title relating to security freezes; or

(K)subsection (k) of section 1681c–1 of this title, relating to credit monitoring for active duty military consumers, as defined in that subsection;

(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);

(3)with respect to the disclosures required to be made under subsection (c), (d), (e), or (g) of section 1681g of this title, or subsection (f) of section 1681g of this title relating to the disclosure of credit scores for credit granting purposes, except that this paragraph—

(A)shall not apply with respect to section 1785.10, 1785.16, and 1785.20.2 of the California Civil Code (as in effect on December 4, 2003) and section 1785.15 through section 1785.15.2 of such Code (as in effect on such date);

(B)shall not apply with respect to section 5–3–106(2) and 212–14.3–104.3 of the Colorado Revised Statutes (as in effect on December 4, 2003); and

(C)shall not be construed as limiting, annulling, affecting, or superseding any provision of the laws of any State regulating the use in an insurance activity, or regulating disclosures concerning such use, of a credit-based insurance score of a consumer by any person engaged in the business of insurance;

(4)with respect to the frequency of any disclosure under section 1681j(a) of this title, except that this paragraph shall not apply—

(A)with respect to section 12–14.3–105(1)(d) of the Colorado Revised Statutes (as in effect on December 4, 2003);

(B)with respect to section 10–1–393(29)(C) of the Georgia Code (as in effect on December 4, 2003);

(C)with respect to section 1316.2 of title 10 of the Maine Revised Statutes (as in effect on December 4, 2003);

(D)with respect to section 14–1209(a)(1) and 14–1209(b)(1)(i) of the Commercial Law Article of the Code of Maryland (as in effect on December 4, 2003);

(E)with respect to section 59(d) and section 59(e) of chapter 93 of the General Laws of Massachusetts (as in effect on December 4, 2003);

(F)with respect to section 56:11–37.10(a)(1) of the New Jersey Revised Statutes (as in effect on December 4, 2003); or

(G)with respect to section 2480c(a)(1) of title 9 of the Vermont Statutes Annotated (as in effect on December 4, 2003); or

(5)with respect to the conduct required by the specific provisions of—

(A)section 1681c(g) of this title;

(B)section 1681c–1 of this title;

(C)section 1681c–2 of this title;

(D)section 1681g(a)(1)(A) of this title;

(E)section 1681j(a) of this title;

(F)subsections (e), (f), and (g) of section 1681m of this title;

(G)section 1681s(f) of this title;

(H)section 1681s–2(a)(6) of this title; or

(I)section 1681w of this title.

(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.

(d)Limitations

Subsections (b) and (c) 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 625 of Pub. L. 90–321 was renumbered section 626 and is classified to section 1681u of this title.

Amendments

2018—Subsec. (b)(1)(J). Pub. L. 115–174, § 301(b), added subpar. (J). Subsec. (b)(1)(K). Pub. L. 115–174, § 302(d)(2), added subpar. (K). 2003—Subsec. (a). Pub. L. 108–159, § 711(1), inserted “or for the prevention or mitigation of identity theft,” after “information on consumers,”. Subsec. (b)(1)(E). Pub. L. 108–159, § 214(c)(2)(A), struck out “or” after semicolon at end. Subsec. (b)(1)(G). Pub. L. 108–159, § 151(a)(2), added subpar. (G). Subsec. (b)(1)(H). Pub. L. 108–159, § 214(c)(2)(B), added subpar. (H). Subsec. (b)(1)(I). Pub. L. 108–159, § 311(b), added subpar. (I). Subsec. (b)(3), (4). Pub. L. 108–159, § 212(e), added pars. (3) and (4) and struck out former par. (3) which read as follows: “with respect to the form and content of any disclosure required to be made under section 1681g(c) of this title.” Subsec. (b)(5). Pub. L. 108–159, § 711(2), added par. (5). Subsec. (d). Pub. L. 108–159, § 711(3), substituted “(b) and (c)” for “(b) and (c)—”, struck out par. (1) designation before “do not affect”, substituted “1996.” for “1996; and”, and struck out par. (2) which read as follows: “(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.” 1996—Subsec. (a). Pub. L. 104–208, § 2419(1), designated existing provisions as subsec. (a), inserted heading, and substituted “Except as provided in subsections (b) and (c), this subchapter” for “This subchapter”. Subsecs. (b) to (d). Pub. L. 104–208, § 2419(2), added subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by section 301(b) of Pub. L. 115–174 effective 120 days after

May 24, 2018, see section 301(c) of Pub. L. 115–174, set out as a note under section 1681c–1 of this title. Amendment by section 302(d)(2) of Pub. L. 115–174 effective 1 year after

May 24, 2018, see section 302(e) of Pub. L. 115–174, set out as a note under section 1681a of this title.

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–159 subject to joint

Regulations

establishing

Effective Date

s as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 of Pub. L. 104–208, set out as a note under section 1681a of this title.

Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.

§1681t Relation to State Laws

Summary

Title 15, §1681t

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Effective Date

Effective Date

Effective Date

Citations & Metadata