§ 1681t. Relation to State laws

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 sections 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 sections 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 sections 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.

(Pub. L. 90–321, title VI, § 625, formerly § 622, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1136; renumbered § 623, Pub. L. 102–537, § 2(a), Oct. 27, 1992, 106 Stat. 3531; renumbered § 624 and amended Pub. L. 104–208, div. A, title II, §§ 2413(a)(1), 2419, Sept. 30, 1996, 110 Stat. 3009–447, 3009–452; renumbered § 625 and amended Pub. L. 108–159, title I, § 151(a)(2), title II, §§ 212(e), 214(a)(1), (c)(2), title III, § 311(b), title VII, § 711, Dec. 4, 2003, 117 Stat. 1964, 1977, 1980, 1983, 1989, 2011; Pub. L. 115–174, title III, §§ 301(b), 302(d)(2), May 24, 2018, 132 Stat. 1332, 1335.)

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