Preventing Preemption: Finding Space for States to Regulate Consumers’ Credit Reports

42 Pages Posted: 13 Jun 2014 Last revised: 21 Jun 2014

Date Written: June 11, 2014

Abstract

The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder economic opportunities. Many legislators would like to assuage the effects of bad historical events on the futures of the citizens that they represent. Among the topics they can address are employers’ use of credit reports, the presence of criminal record information in credit reports, and the toxic effects of identity theft and medical debt on credit reports. However, the federal Fair Credit Reporting Act’s preemptive effects must be acknowledged and negotiated. This article evaluates potential state legislative efforts against the FCRA’s preemption provisions and current Supreme Court preemption doctrine to identify strategies for states that want to create effective legislation to protect their consumers’ credit reputations and expand their constituents’ opportunities going forward.

Keywords: Fair Credit Reporting Act, credit reports, preemption, privacy, legislation

Suggested Citation

De Armond, Elizabeth, Preventing Preemption: Finding Space for States to Regulate Consumers’ Credit Reports (June 11, 2014). Chicago-Kent College of Law Research Paper No. 2014-15, Available at SSRN: https://ssrn.com/abstract=2448950 or http://dx.doi.org/10.2139/ssrn.2448950

Elizabeth De Armond (Contact Author)

Chicago-Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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