Fair Credit Reporting Act; Preemption of State Laws

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Consumer Financial Protection Bureau 12 CFR Part 1022 AGENCY: Consumer Financial Protection Bureau. ACTION: Interpretive rule. SUMMARY: The Consumer Financial Protection Bureau (Bureau) is issuing this interpretive rule to clarify that the Fair Credit Reporting Act (FCRA) generally preempts State laws that touch on broad areas of credit reporting, consistent with Congress's intent to create national standards for the credit reporting system. This interpretive rule replaces a July 2022 interpretive rule that the Bureau withdrew in May 2025. DATES: This interpretive rule is applicable on October 28, 2025. FOR FURTHER INFORMATION CONTACT: Dave Gettler, Paralegal Specialist, Office of Regulations, at 202-435-7700. If you require this document in an alternative electronic format, please contact CFPB_Accessibility@cfpb.gov . SUPPLEMENTARY INFORMATION: I. Background The Fair Credit Reporting Act (FCRA)—which was enacted in 1970 and has been amended several times since—sets forth certain requirements “concerning the creation and use of consumer reports.”  [ 1 ] The FCRA has always preempted State law, but the scope of that preemption has changed ( printed page 48711) over time. Since its inception, the FCRA has preempted State laws “to the extent that those laws are inconsistent with any provision of” the FCRA. [ 2 ] But in 1996, Congress emphasized that FCRA standards were national by adding a provision that further preempted any State regu…