Three 2019 decisions from Second, Seventh, and Ninth Circuits, discussed below, have allowed companies that share data on consumers to evade Fair Credit Reporting Act (FCRA) requirements. This article points out that these firms should be careful what they wish for. Consumers may still be in a position to sue them even if they are treated as outside of the FCRA’s coverage, because the FCRA’s preemption of state law claims no longer applies.
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