ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

ACA International sues to block Colorado’s medical debt reporting ban

December 1, 2025
Reading Time: 2 mins read
ACA International sues to block Colorado’s medical debt reporting ban

Medical debt reporting
ACA International v. Fulford
Date: Nov. 5, 2025

Issue: Whether Colorado’s medical debt reporting ban is preempted by the Fair Credit Reporting Act (FCRA) and violates the First Amendment.

Case Summary: ACA International and Creditors Bureau USA sued administrator of the Uniform Consumer Credit Code, Martha Fulford, in Colorado federal court to block a Colorado law banning medical debt from credit reports.

In 2023, the Colorado General Assembly enacted HB 23-1126, which barred consumer reporting agencies (CRAs) from including any adverse medical debt information in credit reports, even though the FCRA allows coded medical-debt reporting. The ban applies automatically and does not require consumer action. The law includes only three exceptions: medical charges on general credit cards (unless opened for medical expenses), reporting tied to high-value single-family home loans above the Federal Housing Finance Agency conforming limit, and positive or non-adverse medical-debt information. Plaintiffs contended that these narrow, content-based exceptions underscore how Colorado’s approach conflicts with Congress’s goal of maintaining uniform national credit-reporting standards — a conflict that has already led courts to invalidate similar federal rules.

In its complaint, Plaintiffs argued the FCRA preempts HB 23-1126. Plaintiffs explained that Congress created the FCRA to establish uniform national credit-reporting standards and prevent states from imposing conflicting rules. In Plaintiffs’ view, HB 23-1126 violates this framework because it bans reporting of medical-debt information that federal law expressly allows, including coded medical information allowed under the FCRA. Moreover, the FCRA’s express preemption clause bars states from regulating the content of consumer reports, and Colorado directly intruded into that protected area. Plaintiffs also argued HB 23-1126 frustrates Congress’s goals of accuracy, fairness, and national uniformity.

Plaintiffs also emphasized that CFPB confirmed the FCRA’s broad preemption authority. On Oct. 27, 2025, the CFPB issued an interpretive rule stating that “the FCRA generally preempts state laws that touch on broad areas of credit reporting,” consistent with Congress’s intent to create national credit-reporting standards.

Plaintiffs also argued that HB 23-1126 violates the First Amendment. In Plaintiffs’ view, 23-1126 suppresses protected commercial speech by preventing credit reporting agencies from communicating accurate adverse medical-debt information. The First Amendment protects both the right to speak and the right to receive information, and content-based laws are “presumptively unconstitutional” and often “dispositive” of viewpoint discrimination, according to Plaintiffs. HB 23-1126 fits that description because it targets unpaid medical debt while allowing the same speech for preferred purposes, such as large home-loan transactions or positive medical-debt reporting.

Bottom Line: Plaintiffs seek a declaration that HB 23-1126 is preempted by the FCRA and violates the First Amendment.

Document: Complaint

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: July 13

Uncategorized
July 13, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: April through June 2026

Uncategorized
July 13, 2026

The FinCEN 314(a) Updates section is published on a periodic basis to better capture the trend line for 314(a) usage. Section 314(a) of the USA PATRIOT Act allows information sharing between law enforcement and the private sector where...

Compliance question of the month: February 2025

Compliance question of the month: July 2026

Uncategorized
July 13, 2026

Compliance QOTM answers question on adverse action reason when denying a mortgage loan application from an individual who cannot establish legal residency and/or work authorization.

ABA files amicus brief urging N.Y. Supreme Court to dismiss Zelle lawsuit against Early Warning Services LLC

ABA files amicus brief urging N.Y. Supreme Court to dismiss Zelle lawsuit against Early Warning Services LLC

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the Supreme Court of New York to dismiss a lawsuit against EWS for allegedly failing to protect Zelle users from fraud.

ABA files amicus brief urging second circuit to reverse secondary liability ruling

ABA files amicus brief urging second circuit to reverse secondary liability ruling

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the Second Circuit to reverse a New York federal court decision that held BNP Paribas secondarily liable under the Anti-Terrorism Act for injuries arising from violent acts committed by the Sudanese...

Supreme Court upholds government authority to dismiss False Claims Act cases

ABA files amicus urging full Tenth Circuit to hold Colorado’s rate opt-out law violates DIDMCA

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the full Tenth Circuit to reverse a three-judge panel's decision, which ruled that a loan is "made in" an opt-out state when either the lender or the borrower is located there.

NEWSBYTES

Small Business Bank in Kansas closed by regulators

July 17, 2026

Texas Bankers Foundation reopens flood relief fund following severe storms

July 17, 2026

FDIC issues relief guidance for banks serving tribes in Arizona, Montana affected by severe weather

July 17, 2026

SPONSORED CONTENT

Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Understanding the 2025 Home Mortgage Disclosure Act data

July 8, 2026

Podcast: Financing America’s independence

June 29, 2026

Podcast: Talent and innovation in community banking

June 18, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.