FCRA Reporting Limits Don't Violate 1st Amendment: Judge

Law360, New York (November 7, 2012, 3:40 PM EST) -- A Pennsylvania federal judge on Tuesday rejected a consumer reporting agency's argument that the Fair Credit Reporting Act is unconstitutional, keeping alive a putative class action accusing the company of giving prohibited criminal information to employers.

General Information Services Inc. had asserted that the FCRA violated the First Amendment because it prevents reporting agencies from providing adverse information, except for criminal convictions, that predates the information request by more than seven years. Documents like arrest records are truthful commercial information protected by the U.S. Constitution, GIS told the court.

In its motion for judgment on the pleadings, GIS pointed to the...

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