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Financial Privacy, Consumer Prosperity, and the Public Good

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American consumers have become accustomed to obtaining instant credit, which is possible only because credit bureau allow quick verification of the creditworthiness of borrowers. In order to work, however, this process requires credit bureau to have access to sensitive financial information about individuals, compiled largely without their consent. In 1996, Congress amended the Fair Credit Reporting Act (FCRA) to allow credit bureaus to continue these practices, superseding state laws that might have obstructed them. With the expiration of these amendments in 2004, many states are suggesting that new amendments to the FCRA allow them to impose their own restrictions on the use and content of credit reports. This report examines the debate surrounding the role of the states in regulating credit bureau. How this controversy is resolved will have an important bearing on the operation of credit markets and financial privacy in the future. The authors make the case for continued federal preemption of the states in this area. Without it, the authors argue, the consumer credit system that has developed in the US will be put in jeopardy.
Fred H. Cate is professor of law and Ira C. Batman Faculty Fellow at the Indiana University School of Law, Bloominton, and is a visiting scholar at the American Enterprise Institute. Robert E. Litan is a senior fellow in Economic Studies at Brookings and vice president for research and policy at the Kauffman Foundation. Michael Staten is director of the Credit Research Center at the McDonough School of Business, Georgetown University. Peter J. Wallison is resident fellow and codirector of the Program on Financial Market Deregulation at the American Enterprise Institute.
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