How Elected Officials Shaped the FCRA: Congress’s Intent to Preempt State Law

The United States District Court for the Middle District of Georgia confirmed that a plaintiff’s state law claims were preempted by section 1681t of the Fair Credit Reporting Act (FCRA). The plaintiff in Thornton v. Equifax Info. Servs., No. 4: 18-CV-80 (CDL), 2018 U.S. Dist. LEXIS 189052 (M.D. Ga. Nov. 5, 2018) alleged that Kinetic Credit Union reported false information about him to the consumer credit reporting agencies in violation of the FCRA. He also asserted Georgia state law claims against Kinetic, including for defamation. The business moved to dismiss the state law claims, with the Court agreeing that “the two provisions of the FCRA cannot be harmonized unless providing false information with ‘malice or willful intent to injure’.

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