The Consumer Financial Protection Bureau on Tuesday gave states permission to enforce their own credit reporting laws that may be broader or tougher than federal ones.
The approval comes as the bureau's director, Rohit
In a
States should retain "substantial flexibility to pass laws involving consumer reporting to reflect emerging problems affecting their local economies and citizens," the CFPB said in the 16-page
The FCRA is supposed to limit what can go into consumers' credit reports, protect consumers' privacy and right to see the reports and ensure the reports' accuracy.
"With limited preemption exceptions, states have the flexibility to preserve fair and competitive credit reporting markets by enacting state-level laws that are stricter than the federal Fair Credit Reporting Act (FCRA)," the CFPB said in a statement.
States requiring credit reporting bureaus to provide materials in native languages other than English, for instance, or states that asked companies to leave "medical debt, evictions, arrest records, or rental arrears" off a credit report, would be well within their rights, the CFPB said in the filing, noting that it had found such forms of debt sometimes did not accurately reflect credit history or was inaccurately reported to agencies, which harmed consumers.
“Given the intrusive surveillance that Americans face every day, it is critical that states can protect their citizens from abuse and misuse of data,” Chopra said in a statement. “Federal law does not automatically hit delete on state data protections.”
The move comes in notable contrast to
"As federal regulators learned from the 2007-2008 mortgage crisis and ensuing Great Recession, federal preemption of state laws can stop state regulators from identifying dangerous patterns and mitigating market risks," the CFPB said in its release.
The announcement was met warmly by consumer advocacy groups. The National Association of Consumer Advocates, a nonprofit trade group for consumer attorneys and activists, thanked the bureau in a