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

(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)

section 1681b of this title subsection (c) or (e) of , relating to the prescreening of consumer reports;

(B)

section 1681i of this titleSeptember 30, 1996 , 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 ;

(C)

section 1681m of this title subsections (a) and (b) of , 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 titleSeptember 30, 1996 , relating to information contained in consumer reports, except that this subparagraph shall not apply to any State law in effect on ;

(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)

September 30, 1996 with respect to section 54A(a) of chapter 93 of the Massachusetts Annotated Laws (as in effect on ); or

(ii)

September 30, 1996 with respect to section 1785.25(a) of the California Civil Code (as in effect on );

(G)

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

(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)

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

(K)

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

(2)

section 2480e of title 9September 30, 1996 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 , Vermont Statutes Annotated (as in effect on );

(3)

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

(A)

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

(B)

December 4, 2003 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 ); 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)

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

(A)

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

(B)

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

(C)

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

(D)

December 4, 2003 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 );

(E)

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

(F)

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

(G)

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

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

(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

lNotwithstanding 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() of this title shall be construed to apply in the enforcement and interpretation of the laws of any State governing consumer reports.

(d)

Limitations

September 30, 1996Subsections (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 .

Pub. L. 90–321, title VI, § 625 Pub. L. 91–508, title VI, § 601Oct. 26, 197084 Stat. 1136 Pub. L. 102–537, § 2(a)Oct. 27, 1992106 Stat. 3531 Pub. L. 104–208, div. A, title IISept. 30, 1996110 Stat. 3009–447 Pub. L. 108–159, title I, § 151(a)(2)Dec. 4, 2003117 Stat. 1964 Pub. L. 115–174, title IIIMay 24, 2018132 Stat. 1332(, formerly § 622, as added , , ; renumbered § 623, , , ; renumbered § 624 and amended , §§ 2413(a)(1), 2419, , , 3009–452; renumbered § 625 and amended , title II, §§ 212(e), 214(a)(1), (c)(2), title III, § 311(b), title VII, § 711, , , 1977, 1980, 1983, 1989, 2011; , §§ 301(b), 302(d)(2), , , 1335.)

Editorial Notes

Prior Provisions

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

Amendments

Pub. L. 115–174, § 301(b)2018—Subsec. (b)(1)(J). , added subpar. (J).

Pub. L. 115–174, § 302(d)(2)Subsec. (b)(1)(K). , added subpar. (K).

Pub. L. 108–159, § 711(1)2003—Subsec. (a). , inserted “or for the prevention or mitigation of identity theft,” after “information on consumers,”.

Pub. L. 108–159, § 214(c)(2)(A)Subsec. (b)(1)(E). , struck out “or” after semicolon at end.

Pub. L. 108–159, § 151(a)(2)Subsec. (b)(1)(G). , added subpar. (G).

Pub. L. 108–159, § 214(c)(2)(B)Subsec. (b)(1)(H). , added subpar. (H).

Pub. L. 108–159, § 311(b)Subsec. (b)(1)(I). , added subpar. (I).

Pub. L. 108–159, § 212(e)section 1681g(c) of this titleSubsec. (b)(3), (4). , 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 .”

Pub. L. 108–159, § 711(2)Subsec. (b)(5). , added par. (5).

Pub. L. 108–159, § 711(3)Subsec. (d). , 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—

January 1, 2004“(A) is enacted after ;

“(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.”

Pub. L. 104–208, § 2419(1)1996—Subsec. (a). , designated existing provisions as subsec. (a), inserted heading, and substituted “Except as provided in subsections (b) and (c), this subchapter” for “This subchapter”.

Pub. L. 104–208, § 2419(2)Subsecs. (b) to (d). , added subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

section 301(b) of Pub. L. 115–174May 24, 2018section 301(c) of Pub. L. 115–174 section 1681c–1 of this titleAmendment by effective 120 days after , see , set out as a note under .

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

Effective Date of 2003 Amendment

Pub. L. 108–159 section 3 of Pub. L. 108–159 section 1681 of this titleAmendment by subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see , set out as a note under .

Effective Date of 1996 Amendment

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

Effective Date

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