Fair Credit Reporting: 12.3.1.6 Constitutional Challenges
Defendants have challenged both the FCRA and the California Investigative Consumer Reporting Agencies Act (ICRAA) on constitutional grounds. Two aspects of the FCRA have been subject to attack: its authorization of potentially enormous statutory damages in a class action, and its restriction on the dissemination of certain accurate information. As to the former, the contention that FCRA statutory damages are unconstitutionally vague and, in the context of a class action, excessive, has failed in the majority of cases.381