§ 1681t. — Relation to State laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1681t]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER III--CREDIT REPORTING AGENCIES
Sec. 1681t. Relation to State laws
(a) In general
Except as provided in subsections (b) and (c) of this section, 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, 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; or
(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);
(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); or
(3) with respect to the form and content of any disclosure
required to be made under section 1681g(c) 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) of this section--
(1) 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; and
(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.
(Pub. L. 90-321, title VI, Sec. 624, formerly Sec. 622, as added Pub. L.
91-508, title VI, Sec. 601, Oct. 26, 1970, 84 Stat. 1136; renumbered
Sec. 623, Pub. L. 102-537, Sec. 2(a), Oct. 27, 1992, 106 Stat. 3531;
renumbered Sec. 624 and amended Pub. L. 104-208, div. A, title II,
Secs. 2413(a)(1), 2419, Sept. 30, 1996, 110 Stat. 3009-447, 3009-452.)
Codification
Another section 624 of Pub. L. 90-321 was renumbered section 625 and
is classified to section 1681u of this title.
Amendments
1996--Subsec. (a). Pub. L. 104-208, Sec. 2419(1), designated
existing provisions as subsec. (a), inserted heading, and substituted
``Except as provided in subsections (b) and (c) of this section, this
subchapter'' for ``This subchapter''.
Subsecs. (b) to (d). Pub. L. 104-208, Sec. 2419(2), added subsecs.
(b) to (d).
Effective Date of 1996 Amendment
Amendment 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.
