I was trying to figure out what parts of FACT are now effective dated 12/31/03. Based on the Federal Register text, it looks as if
- for the time being, state laws about prevention or mitigation of identity theft still apply, unless those state laws are inconsistent with FACT or other federal laws;
- states cannot restrict consumer rights regarding
(1)information that can appear on consumer reports; (2) information about credit scores or other predictors; (3) fees for consumers to obtain their credit reports; (4) adverse action notices; (5) requirement to keep consumer report information accurate and up to date; (6) use of consumer report information for marketing purposes and sharing among affiliates.
However, certain paragraphs of laws in California, Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey and Vermont are still enforceable. See FACT Act section 212(e) for the details. FACT Act is HR 2622 and is available at thomas.loc.gov.
Is this a fair interpretation of that recent Federal Register notice (68fr74467a)?
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From the end spring new beginnings.
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