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The reason is because of the "Fair Credit Reporting Act" of 1970 said that Credit Reporting Agencies (CRA) are not liable for any errors if they are not malicio
by njarboe 6y ago
The reason is because of the "Fair Credit Reporting Act" of 1970 said that Credit Reporting Agencies (CRA) are not liable for any errors if they are not malicious. And the act preempts any State laws that might impose other more restrictive laws on CRAs.
From a short publication on the "Fair Credit Reporting Act":
"Defamation, privacy, and negligence claims. The FCRA specifically bars defamation, invasion of privacy, and negligence claims that concern the reporting of information from being brought against any CRA, any user of a consumer report, or any furnisher of reported information, except for false information furnished with malice or willfully intended to injure the consumer (15 U.S.C. § 1681h(e); see, for example, Thornton v. Equifax, Inc., 619 F.2d 700, 703 (8th Cir. 1980)). For a state-law claim to stand under this provision, a defendant’s misconduct must be truly malicious and not simply careless (see Ross v. FDIC, 625 F.3d 808, 817 (4th Cir. 2010))."
See [1] for the whole document:
https://www.jonesday.com/files/Publication/e42f45d6-a8c6-43fc-a3d7-3fd302b447c6/Presentation/PublicationAttachment/1d5beeac-8049-48ec-9832-a45699daedeb/Understanding%20the%20FCRA.pdf https://www.jonesday.com/files/Publication/e42f45d6-a8c6-43f...