AFSA Files Motion for Preliminary Injunction in NV Suit
Yesterday, AFSA filed a motion for a preliminary injunction in its lawsuit in federal court seeking to enjoin enforcement of the spousal credit history provisions of Nevada SB 311/Ch. 280. The motion is available here.
AFSA first filed suit in federal district court in Nevada on October 1 when the law went into effect due to the fact that SB 311's requirements are preempted by the federal Fair Credit Reporting Act (FCRA) and Equal Credit Opportunity Act (ECOA), meaning it would be impossible for creditors to comply. The complaint is available here. AFSA previously met with the state regulator to raise the preemption concerns and followed up with a letter outlining these concerns. AFSA's letter to DFI from August is available here.
October 9th, 2019 by Dan Bucherer