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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!