
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 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.
