[20031208]RS21449_公平信用报告法：国家法律优先权.pdf

1 15 U.S.C. 1681t(a).Order Code RS21449Updated December 8, 2003Fair Credit Reporting Act: Preemption of State Lawname redactedLegislative AttorneyAmerican Law DivisionSummaryGenerally, the Fair Credit Reporting Act (FCRA) only preempts state laws that areinconsistent with the federal law. However, there are a number of specific provisionsof the Fair Credit Reporting Act under which states may not enact laws that imposeadditional requirements or prohibitions. The original preemption provisions were setto expire at the end of 2003. After January 1, 2004, states would have been able to enactlaws relating to the areas currently addressed only under federal law. However, therecently enacted Fair and Accurate Credit Transactions Act of 2003 (P.L. 108-159)makes permanent the current expiring preemptions and preempts certain state lawsrelated to identity theft. This report provides an overview of the Fair Credit Reporting Acts originalpreemption provisions and discusses recently enacted legislation (P.L. 108-159) makingthose preemptions permanent and creating new preemptions. This report (originallywritten by Angie A. Welborn, Legislative Attorney) will not be updated.Preemption Provisions