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States and reporting limits?


ciscoguyinkc
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Thanks. I've heard the rumor here before too, but wasn't sure if you had found something more concrete elsewhere.

States can have their own laws, but I don't believe they can be weaker than the FCRA or FDCPA. They at least have to be equally as powerful as is my understanding.

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I have heard the same, Doc. I don't remember which State's exactly, but, it has been mentioned before that some have a 5 year limit on them.

As to the relationship between Federal and State, remember FDCPA 816. It says the State will take precedence if it offers more protection to the consumer. FCRA 624(d)(2)© says the same thing.

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Section (E) states: section 605 [§ 1681c], relating to information contained in consumer reports, except that this subparagraph shall not apply to any State law in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996.......

So am I reading that correctly by saying any state law indicating a shorter reporting period must have been on the books prior to 1996?

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