§ 1679g. — Civil liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1679g]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER II-A--CREDIT REPAIR ORGANIZATIONS
Sec. 1679g. Civil liability
(a) Liability established
Any person who fails to comply with any provision of this subchapter
with respect to any other person shall be liable to such person in an
amount equal to the sum of the amounts determined under each of the
following paragraphs:
(1) Actual damages
The greater of--
(A) the amount of any actual damage sustained by such person
as a result of such failure; or
(B) any amount paid by the person to the credit repair
organization.
(2) Punitive damages
(A) Individual actions
In the case of any action by an individual, such additional
amount as the court may allow.
(B) Class actions
In the case of a class action, the sum of--
(i) the aggregate of the amount which the court may
allow for each named plaintiff; and
(ii) the aggregate of the amount which the court may
allow for each other class member, without regard to any
minimum individual recovery.
(3) Attorneys' fees
In the case of any successful action to enforce any liability
under paragraph (1) or (2), the costs of the action, together with
reasonable attorneys' fees.
(b) Factors to be considered in awarding punitive damages
In determining the amount of any liability of any credit repair
organization under subsection (a)(2) of this section, the court shall
consider, among other relevant factors--
(1) the frequency and persistence of noncompliance by the credit
repair organization;
(2) the nature of the noncompliance;
(3) the extent to which such noncompliance was intentional; and
(4) in the case of any class action, the number of consumers
adversely affected.
(Pub. L. 90-321, title IV, Sec. 409, as added Pub. L. 104-208, div. A,
title II, Sec. 2451, Sept. 30, 1996, 110 Stat. 3009-459.)
Section Referred to in Other Sections
This section is referred to in section 1679h of this title.
