usc 15 § 1681t

Relation to State laws (COMMERCE AND TRADE (15 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 9/13/2026FederalAffordable Housing Programs

Operative Text

usc 15 § 1681t
Except as provided in subsections (b) and (c), 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.

No requirement or prohibition may be imposed under the laws of any State—

with respect to any subject matter regulated under—

subsection (c) or (e) of , relating to the prescreening of consumer reports;

, 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 ;

subsections (a) and (b) of , relating to the duties of a person who takes any adverse action with respect to a consumer;

, 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;

, relating to information contained in consumer reports, except that this subparagraph shall not apply to any State law in effect on ;

, relating to the responsibilities of persons who furnish information to consumer reporting agencies, except that this paragraph shall not apply—

with respect to section 54A(a) of chapter 93 of the Massachusetts Annotated Laws (as in effect on ); or

with respect to section 1785.25(a) of the California Civil Code (as in effect on );

, relating to information available to victims under ;

, relating to the exchange and use of information to make a solicitation for marketing purposes;

, relating to the duties of users of consumer reports to provide notice with respect to terms in certain credit transactions;

subsections (i) and (j) of  relating to security freezes; or

subsection (k) of , relating to credit monitoring for active duty military consumers, as defined in that subsection;

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 , Vermont Statutes Annotated (as in effect on );

with respect to the disclosures required to be made under subsection (c), (d), (e), or (g) of , or subsection (f) of  relating to the disclosure of credit scores for credit granting purposes, except that this paragraph—

shall not apply with respect to sections 1785.10, 1785.16, and 1785.20.2 of the California Civil Code (as in effect on ) and section 1785.15 through section 1785.15.2 of such Code (as in effect on such date);

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 ); and

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;

with respect to the frequency of any disclosure under , except that this paragraph shall not apply—

with respect to section 12–14.3–105(1)(d) of the Colorado Revised Statutes (as in effect on );

with respect to section 10–1–393(29)(C) of the Georgia Code (as in effect on );

with respect to section 1316.2 of title 10 of the Maine Revised Statutes (as in effect on );

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 );

with respect to section 59(d) and section 59(e) of chapter 93 of the General Laws of Massachusetts (as in effect on );

with respect to section 56:11–37.10(a)(1) of the New Jersey Revised Statutes (as in effect on ); or

with respect to  of the Vermont Statutes Annotated (as in effect on ); or

with respect to the conduct required by the specific provisions of—

;

;

;

;

;

subsections (e), (f), and (g) of ;

;

; or

.

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() of this title shall be construed to apply in the enforcement and interpretation of the laws of any State governing consumer reports. l

Subsections (b) and (c) do not affect any settlement, agreement, or consent judgment between any State Attorney General and any consumer reporting agency in effect on .
Source: Legislative text reproduced verbatim
Plain English

15 U.S.C. § 1681t establishes the relationship between the federal Fair Credit Reporting Act (FCRA) and state consumer-reporting laws. As a general rule, state laws governing the collection, distribution, or use of consumer information remain in force alongside the FCRA — unless a state law directly conflicts with a federal provision, in which case the federal rule controls only to the extent of that conflict. However, the statute carves out a long list of specific FCRA subject areas — such as prescreening, adverse action duties, information furnished to consumer reporting agencies, security freezes, and others — where states are entirely preempted from imposing additional requirements or prohibitions, with targeted exceptions preserving certain named state statutes that were already in effect on specified dates.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers who use consumer reports — for example, when screening applicants — operate under both the FCRA and any applicable state consumer-reporting laws, as shaped by 15 U.S.C. § 1681t. Compliant operators generally identify which state laws apply to their screening practices and determine whether those laws fall within one of the preempted subject areas listed in § 1681t(b), or whether they remain independently enforceable. Because several states (including California, Colorado, Massachusetts, and others) have laws expressly preserved by § 1681t, operators active in multiple states typically review each jurisdiction's requirements separately rather than assuming federal standards alone apply.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 15 U.S.C. § 1681t, tenants may have rights under both federal FCRA provisions and their state's consumer-reporting laws, depending on the subject matter involved. If a landlord's screening or reporting practices appear to violate state law, that state law may still be enforceable even alongside the FCRA — unless the specific subject matter is one the statute preempts. Tenants who believe their consumer report rights have been violated can explore options such as filing a complaint with their state attorney general's office or a state consumer protection agency, contacting a local tenant-rights organization, or consulting an attorney familiar with both federal and state consumer-reporting requirements.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Sep 13, 2026
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