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Does federal FCRA supersede state FCRA?


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In WA state we have a state version of the FCRA, that essentially mirrors the federal FCRA...but also includes language stating that a violation of the state version is additionally a violation of the state's consumer protection act. The statutory penalty that consumers can claim, much like the federal version, is 1k plus any demonstrable damages.

 

Ok, I'm pretty comfortable with WA state court procedure, and resultantly would like to file a FCRA claim under the state version. The question is...if I were to file under the state FCRA, would a CRA be able move the claim to federal, under some argument that the federal FCRA supersedes?

 

I was thinking if I were to maybe file my claim as a consumer protection act complaint, using the state FCRA violation as the basis of my claim, that maybe it'd stay in state court & keep me out of federal.

 

Would just like to stay out of federal...does this make sense, any opinions on this one?

 

Mods?

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yes, the Federal FCRA preempts all state FCRA's.

 

and yes they would remove to federal court

 

if it's a CA/JDB your thinking of suing, False credit reporting is a violation of the FDCPA too. and most state laws

 

the FDCPA doesn't preempt state debt collection laws, if the state law is stronger.

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