Document Type
Article
Publication Date
2016
Abstract
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 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.
Recommended Citation
Elizabeth De Armond,
Preventing Preemption: Finding Space for States to Protect Consumers' Reputations,
2016
BYU L. Rev.
365
(2016).
Available at:
https://scholarship.kentlaw.iit.edu/fac_schol/833