TRENTON, N.J. (Legal Newsline) — The Consumer Data Industry Association (CDIA) is suing New Jersey Attorney General Gurbir Grewal over the state's newly enacted law relating to consumer reporting agencies and the disclosure of free consumer report file information and disclosures in various languages after a fraud alert.
According to the Oct. 17 filing in the U.S. District Court for the District of New Jersey, the plaintiff alleges violation of the Fair Credit Reporting Act (FCRA) and the U.S. Constitution and restriction of commercial speech.
The plaintiff argues the state's statue 56:11-34 revised by S. 3452, conflicts with the Fair Credit Reporting Act's (FCRA) consumer report file disclosures provisions and will harm nationwide consumer reporting agencies (NCRA). It also alleges the law is preempted by the FCRA.
"(I)f NCRAs are forced to comply with this new law, NCRAs and their customers will suffer immediate, irreparable harm, including significant administrative costs and burdens to modify their products, systems and procedures to comply with the law," the suit states.
The plaintiff seeks declaratory judgments and equitable and injunctive relief to prevent the enforcement of the New Jersey statute.
The plaintiffs are represented by William Marshall Jr. of Zeichner Ellman & Krause LLP in Iselin, New Jersey, and Rebecca Kuehn, Allen Denson and Jennifer Sarvadi of Hudson Cook LLP in Washington, D.C.
U.S. District Court for the District of New Jersey case number 3:19-cv-19054-BRM-TJB