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State Versions of FCRA and FCRA California

Updated on Mar 12, 2024

Published on Mar 12, 2024

Author
Michael Lucarelli
Michael Lucarelli
RentSpree CEO
Table of contents
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Summary

The Fair Credit Reporting Act operates at the federal level but there are also state versions of FCRA, including FCRA California. Some of the state-specific legislation is aimed at limiting the amount of time that criminal convictions can be reported. In California, state-specific FCRA guidelines are aimed at preventing inaccurate reporting and increasing the liability penalties associated with it.

[.blog-disclaimer-text]Disclaimer: This article is not legal advice. Legal information is not the same as legal advice, where an attorney applies the law to your specific circumstances. Consult an attorney for advice on your interpretation of this information or its accuracy. You may not rely on this article as legal advice, nor as an endorsement of any particular legal understanding.[.blog-disclaimer-text]

At least 22 states have their own versions of the FCRA. Some states limit the time a conviction can be reported to seven years, despite the lack of any such limit under the FCRA. The seven-year states include California, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, and Washington.

There is a major change between California law and FCRA which deals with private liability against furnishers. Under the FCRA, furnishers have no liability to private individuals for inaccurate reporting until the individual lodges a dispute with the CRA. In California there is a direct action possible against furnishers for inaccurate reporting. Thus, furnishers can be held directly liable for inaccurate reporting. California also has a Draconian statutory penalty of up to $10,000 per violation.

  1. Fundamentals of The Fair Credit Reporting Act (FCRA)
  2. Industry Players Under FCRA
  3. Accuracy and Reasonable Procedures
  4. FCRA Permissible Purpose
  5. Adverse Action Notification
  6. Reinvestigation, Disclosures, Disposal of Consumer Information
  7. What is a Consumer Report?
  8. A summary of consumer rights under FCRA
  9. FCRA Litigation
  10. State Versions of FCRA and FCRA California

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