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Consumer Protection Law

Elizabeth De Armond

2016

Legislation

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Preventing Preemption: Finding Freedom For States To Protect Their Citizens’ Personal History Information, Elizabeth De Armond Dec 2015

Preventing Preemption: Finding Freedom For States To Protect Their Citizens’ Personal History Information, Elizabeth De Armond

Elizabeth De Armond

The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder their 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 …