Fair Credit Reporting Act (FCRA)
§ 625. Relation to State laws [15 U.S.C. § 1681t]
(a) In general. Except as provided in subsections (b) and (c), this title does not annul,
alter, affect, or exempt any person subject to the provisions of this title 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
title, 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 604 [§ 1681b], relating to the prescreening
of consumer reports;
(B) section 611 [§ 1681i], 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 the date of enactment of the
Consumer Credit Reporting Reform Act of 1996;
(C) subsections (a) and (b) of section 615 [§ 1681m], relating to the duties of a
person who takes any adverse action with respect to a consumer;
(D) section 615(d) [§ 1681m], 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 605 [§ 1681c], relating to information contained in consumer
reports, except that this subparagraph shall not apply to any State law in
effect on the date of enactment of the Consumer Credit Reporting Reform
Act of 1996;
(F) section 623 [§ 1681s-2], 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 the date of enactment of the Consumer
Credit Reporting Reform Act of 1996); or
(ii) with respect to section 1785.25(a) of the California Civil Code (as in
effect on the date of enactment of the Consumer Credit Reporting
Reform Act of 1996);
(G) section 609(e), relating to information available to victims under section
609(e);
(H) section 624, relating to the exchange and use of information to make a
solicitation for marketing purposes; or
(I) section 615(h), relating to the duties of users of consumer reports to
provide notice with respect to terms in certain credit transactions;
(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 the date of enactment of the Consumer Credit
Reporting Reform Act of 1996);
(3) with respect to the disclosures required to be made under subsection (c), (d), (e),
or (g) of section 609, or subsection (f) of section 609 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 the date of enactment of the Fair
and Accurate Credit Transactions Act of 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 the date of enactment of the
Fair and Accurate Credit Transactions Act of 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 612(a), 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 the date of enactment of the Fair and Accurate Credit
Transactions Act of 2003);
(B) with respect to section 10-1-393(29)(C) of the Georgia Code (as in effect
on the date of enactment of the Fair and Accurate Credit Transactions Act
of 2003);
(C) with respect to section 1316.2 of title 10 of the Maine Revised Statutes (as
in effect on the date of enactment of the Fair and Accurate Credit
Transactions Act of 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 the date
of enactment of the Fair and Accurate Credit Transactions Act of 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 the date of enactment of the Fair
and Accurate Credit Transactions Act of 2003);
(F) with respect to section 56:11-37.10(a)(1) of the New Jersey Revised
Statutes (as in effect on the date of enactment of the Fair and Accurate
Credit Transactions Act of 2003); or
(G) with respect to section 2480c(a)(1) of title 9 of the Vermont Statutes
Annotated (as in effect on the date of enactment of the Fair and Accurate
Credit Transactions Act of 2003); or
(5) with respect to the conduct required by the specific provisions of--
(A) section 605(g);
(B) section 605A;
(C) section 605B;
(D) section 609(a)(1)(A);
(E) section 612(a);
(F) subsections (e), (f), and (g) of section 615;
(G) section 621(f);
(H) section 623(a)(6); or
(I) section 628.
(c) Definition of firm offer of credit or insurance. 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 603(l) [§ 1681a] 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 the date of enactment of the Consumer Credit Reporting Reform
Act of 1996.
