The Fair Credit Reporting Act in Montana
Montana has an abundance of consumer protection laws that assist consumers. Montana Code Annotated 2003 §31-3-112 provides that no consumer reporting agency may make a consumer report containing records of arrest, indictment, or conviction of a crime or any other adverse item of information which antedates the report by more than 7 years. Also, section 31-3-126 provides that a consumer reporting agency that provides a report for employment purposes that contains a public record likely to have a negative effect on the consumer shall either notify the consumer of the report , or make sure that the agency has maintained strict procedures to assure the information is complete and up to date. This section mirrors the FCRA 15 USC §1681k. This law was enacted in 1975 and is therefore effective.
Montana’s consumer protection laws, all found at 31-3-103, et seq. provides for a number of rights for consumers. The law provides that one’s credit rating is a property right (31-3-103); provides for the permissible purpose for the use of credit reports, which is the same purposes as is provided by the Fair Credit Reporting Act (31-3-111 and 112); and provides for a dispute procedure that also follows the Fair Credit Reporting Act (31-3-124). However, even though the enactment of this law was early enough to remain valid, the FCRA still provides the best consumer protection, and consumers should still look to federal law for protection.
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If you have an error or inaccurate information on your credit report, there are actions that you can take. Contact SmithMarco, P.C., today for a completely free case review.