What the CFPB’s Recent FCRA Preemption Guidance Gets Wrong
The CFPB has issued an October 28 interpretive rule suggesting that the Fair Credit Reporting Act (FCRA) preempts the growing number of state laws limiting medical debt credit reporting. This article explains why that interpretation has limited effect and is seriously flawed. The article also explains the limits of FCRA preemption and provides suggestions to avoid preemption risks when drafting state laws.