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Thursday, November 01, 2012



I would never want to miss out any opportunity to read out your contents.

Robert Sola

1681h(e) is the older provision and was intended to insulate companies (primarily CRAs) for liability under state common law based on reports they are required to provide under 1681g and h, and to protect creditors in regard to adverse action notices they must provide under 1681m.

Most of 1681t was enacted later and was part of a trade off for enactment of new liability provisions including the liability provision in 1681s-2(b) that applies to furnishers.

My guess is that the exemption from liability for violation of s-2(a), but not s-2(b) (thus requiring consumers to dispute to CRAs to have a cause of action against a furnisher), was also a compromise.

Robert Sola
FCRA Attorney and former Legislative Director for Congressman Bill Richardson

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