State Law Claims Beware: When FCRA Preempts Claims Brought Under Other Laws

The Fair Credit Reporting Act (FCRA) contains at least two express preemption provisions that means, in general, where a state law could conflict with federal law, only the federal law survives. The first preempts common law claims against consumer reporting agencies for their credit reporting activities unless the claims are based in malice or willful intent to injure and the second provides a list of claims that relate to the same subject matter as FCRA claims. Four recent state cases were dismissed, including Leboon v. Equifax Info. Servs., Khmaissi v. Navient Solutions, LLC, Shah v. Wells Fargo Bank, N.A., and Scott v. First Southern National Bank.

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