15 U.S.C. § 1681t : US Code - Section 1681T: Relation to State laws

Search 15 U.S.C. § 1681t : US Code - Section 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, 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) 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;
(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);
(G) section 1681g(e) of this title, relating to information
available to victims under section 1681g(e) of this title;
(H) section 1681s-3 of this title, relating to the exchange
and use of information to make a solicitation for marketing
purposes; or
(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;
(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);
(3) with respect to the disclosures required to be made under
subsection (c), (d), (e), or (g) of section 1681g of this title,
or subsection (f) of section 1681g of this title relating to the
disclosure of credit scores for credit granting purposes, except
that this paragraph -
(A) shall not apply with respect to sections 1785.10,
1785.16, and 1785.20.2 of the California Civil Code (as in
effect on December 4, 2003) and section 1785.15 through section
1785.15.2 of such Code (as in effect on such date);
(B) 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 December 4, 2003); 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) with respect to the frequency of any disclosure under
section 1681j(a) of this title, except that this paragraph shall
not apply -
(A) with respect to section 12-14.3-105(1)(d) of the Colorado
Revised Statutes (as in effect on December 4, 2003);
(B) with respect to section 10-1-393(29)(C) of the Georgia
Code (as in effect on December 4, 2003);
(C) with respect to section 1316.2 of title 10 of the Maine
Revised Statutes (as in effect on December 4, 2003);
(D) 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 December 4, 2003);
(E) with respect to section 59(d) and section 59(e) of
chapter 93 of the General Laws of Massachusetts (as in effect
on December 4, 2003);
(F) with respect to section 56:11-37.10(a)(1) of the New
Jersey Revised Statutes (as in effect on December 4, 2003); or
(G) with respect to section 2480c(a)(1) of title 9 of the
Vermont Statutes Annotated (as in effect on December 4, 2003);
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) subsections (e), (f), and (g) of section 1681m of this
title;
(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
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 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.