Last updated Jan 13, 2020
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.
Disclaimer: This website is neither an exhaustive summary of the Fair Credit Reporting Act (FCRA) nor legal advice for you to use in complying with it. Instead, it provides background information to help you better understand the FCRA and how it can apply to your business. This legal information is not the same as legal advice, where an attorney applies the law to your specific circumstances, so you should consult an attorney if you’d like advice on your interpretation of this information or its accuracy. You may not rely on this paper as legal advice, nor as an endorsement of any particular legal understanding.
Other FCRA articles
- Fundamentals of The Fair Credit Reporting Act (FCRA)
- Industry Players Under FCRA
- Accuracy and Reasonable Procedures
- FCRA Permissible Purpose
- Adverse Action Notification
- Reinvestigation, Disclosures, Disposal of Consumer Information
- What is a Consumer Report?
- A summary of consumer rights under FCRA
- FCRA Litigation
- State Versions of FCRA and FCRA California