Is FCRA’s Prohibition on CRAs from Disclosing Truthful Public Information Constitutional? The Government to Defend Its Position

On January 13, 2014, the Southern District of California granted the United States’ motion to intervene in Dowell v. General Information Services, Inc. (“GIS”), No. 13-2581, to defend the constitutionality of 15 U.S.C. § 1681c, a provision of the Fair Credit Reporting Act. GIS contends that subsections (a)(2) and (a)(5) of the provision, which generally prohibit consumer reporting agencies (“CRAs”) from disclosing public information regarding an individual’s non-conviction criminal history more than seven years old, is unconstitutional under Sorrell v. IMS Health Inc., 131 S. Ct. 2653 (2011).

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