§ 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—
(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
(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);
(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
(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.