Bill

BILL β€’ US SENATE

SJRES 155

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to "Fair Credit Reporting Act; Preemption of State Laws".

119th Congress
Introduced by Sheldon Whitehouse,

Senate resolution blocks CFPB rule preempting state consumer protection laws under Fair Credit Reporting Act, restoring stronger state oversight of credit reporting agencies.

Motion to proceed to consideration of measure rejected in Senate by Voice Vote. (consideration: CR S2268-2269)
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Bill Summary Β· SJRES 155

Legislative bill overview

This joint resolution seeks to block a Bureau of Consumer Financial Protection (CFPB) rule that preempts state laws under the Fair Credit Reporting Act (FCRA). The resolution uses the Congressional Review Act (CRA), which allows Congress to overturn federal agency rules with a simple majority vote if passed within a specified timeframe.

Why is this important

The rule at issue determines whether federal FCRA standards override or coexist with state consumer protection laws. This directly affects how credit reporting agencies operate, what disclosures they must make, and what remedies consumers can pursueβ€”with meaningful differences between federal minimums and some state protections. The outcome influences consumer rights enforcement, business compliance costs, and the balance of regulatory authority between federal and state governments.

Potential points of contention

  • Preemption philosophy: Opponents of the rule argue federal preemption prevents states from protecting consumers beyond federal minimums; supporters contend uniform federal standards reduce compliance burdens and ensure consistent protections nationwide
  • CFPB authority: Disagreement over whether the CFPB properly interpreted its statutory authority to issue preemption rules, with Republicans generally skeptical of agency rulemaking power
  • State vs. federal regulation: Fundamental debate over whether consumer financial protection is better served through federal uniformity or state-level experimentation and flexibility

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