Entities

American Financial Services Association (AFSA) (2)

Center for Survivor Agency and Justice (CSAJ) (1)

Maine (1)

Maine Coalition to End Domestic Violence (MCEDV) (1)

National Consumer Law Center (NCLC) (1)

Laws

Fair Credit Reporting Act (FCRA) (16)

Topics and Issues

Medical debt (2)

Preemption (5)

In September 2019, CDIA filed suit against the State of Maine challenging the validity of two new provisions of state law that (1) Change the way medical debt is reported to credit bureaus; and (2) Limit the reporting of adverse information about a consumer if that consumer was a victim of economic abuse. These new provisions in Maine are preempted by the FCRA. On November 25, the OAG and the Superintendent filed an answer to CDIA’s complaint.

The two laws CDIA challenged were L.D. 110, An Act Regarding Credit Ratings Related to Overdue Medical Expenses, codified at Chapter 77, and L.D. 748, An Act to Provide Relief to Survivors of Economic Abuse, codified at Chapter 407.

In April 2020, CDIA filed a motion for judgment and Maine filed a motion for judgment. Filing an amicus brief in support of CDIA’s motion is the American Financial Services Association (“AFSA”).  Filing amici in support of the state’s motion are the Center for Survivor Agency and Justice (“CSAJ”), the Maine Coalition to End Domestic Violence (“MCEDV”), and the National Consumer Law Center (“NCLC”).

On Oct. 8, 2020, the District Court granted CDIA’s motion for judgment and, in a strong opinion, found that the 2019 changes to the state’s FCRA are preempted by the federal FCRA.