Privacy Law Library

New Jersey Fair Credit Reporting Act

NJ FCRA

Credit reporting · Financial · Employees

New Jersey's credit reporting law mirrors and supplements the federal FCRA: consumer reporting agencies may furnish reports only for listed permissible purposes, and employers must give a standalone written disclosure and get written authorization before obtaining a report. Medical information may not be furnished for employment, credit, insurance, or direct marketing without written consent, and consumers can sue for willful or negligent violations.

Where
New Jersey
Citation
N.J.S.A. 56:11-28 to 56:11-41; P.L.1997, c.172
Status
In force
Enforced by
Consumers through private civil actions; overlapping federal FCRA enforcement by the FTC and CFPB
People can sue
Yes
Penalties
Willful noncompliance: actual damages or statutory damages of $100 to $1,000 (or at least $1,000 against a natural person obtaining a report under false pretenses), punitive damages, costs, and attorney's fees; a person obtaining a report under false pretenses is also liable to the agency for at least $1,000 (56:11-38). Negligent noncompliance creates liability for actual damages and fees (56:11-39).
Applies to
  • Consumer reporting agencies furnishing consumer reports on New Jersey consumers (56:11-31)
  • Users of consumer reports, including employers procuring reports for employment purposes and anyone obtaining a report (56:11-31, 56:11-38)

What a privacy notice must say

  • Before procuring a report for employment purposes, give the consumer a clear written disclosure in a standalone document and obtain written authorization; the user must certify compliance to the agency.N.J.S.A. 56:11-31(b)-(c) · Only if: Employment-purpose reports
  • Before taking adverse employment action based on a report, give the consumer a copy of the report and a written description of rights under state and federal law.N.J.S.A. 56:11-31(e)

Practices it requires

  • Furnish consumer reports only for listed permissible purposes, such as a court order, the consumer's written instruction, credit, employment, insurance underwriting, licensing, or a legitimate business need in a consumer-initiated transaction.N.J.S.A. 56:11-31(a)
  • Do not furnish a report containing medical information for employment, credit, insurance, or direct marketing without the consumer's written consent.N.J.S.A. 56:11-31(d)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The effective date of P.L.1997, c.172 could not be confirmed (the 1997 chapter law is not online at pub.njleg.state.nj.us). | Sections on reinvestigation, obsolete information, and consumer disclosures (56:11-32 to 56:11-37) were not retrieved; federal FCRA preemption (15 U.S.C. 1681t) limits some state provisions.

Research reference, not legal advice.