§ 1681n. — Civil liability for willful noncompliance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1681n]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER III--CREDIT REPORTING AGENCIES
Sec. 1681n. Civil liability for willful noncompliance
(a) In general
Any person who willfully fails to comply with any requirement
imposed under this subchapter with respect to any consumer is liable to
that consumer in an amount equal to the sum of--
(1)(A) any actual damages sustained by the consumer as a result
of the failure or damages of not less than $100 and not more than
$1,000; or
(B) in the case of liability of a natural person for obtaining a
consumer report under false pretenses or knowingly without a
permissible purpose, actual damages sustained by the consumer as a
result of the failure or $1,000, whichever is greater;
(2) such amount of punitive damages as the court may allow; and
(3) in the case of any successful action to enforce any
liability under this section, the costs of the action together with
reasonable attorney's fees as determined by the court.
(b) Civil liability for knowing noncompliance
Any person who obtains a consumer report from a consumer reporting
agency under false pretenses or knowingly without a permissible purpose
shall be liable to the consumer reporting agency for actual damages
sustained by the consumer reporting agency or $1,000, whichever is
greater.
(c) Attorney's fees
Upon a finding by the court that an unsuccessful pleading, motion,
or other paper filed in connection with an action under this section was
filed in bad faith or for purposes of harassment, the court shall award
to the prevailing party attorney's fees reasonable in relation to the
work expended in responding to the pleading, motion, or other paper.
(Pub. L. 90-321, title VI, Sec. 616, as added Pub. L. 91-508, title VI,
Sec. 601, Oct. 26, 1970, 84 Stat. 1134; amended Pub. L. 104-208, div. A,
title II, Sec. 2412(a)-(c), (e)(1), Sept. 30, 1996, 110 Stat. 3009-446.)
Amendments
1996--Subsec. (a). Pub. L. 104-208, Sec. 2412(a), designated
existing provisions as subsec. (a), inserted heading, and in
introductory provisions substituted ``Any person who'' for ``Any
consumer reporting agency or user of information which''.
Subsec. (a)(1). Pub. L. 104-208, Sec. 2412(b), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``any actual
damages sustained by the consumer as a result of the failure;''.
Subsec. (b). Pub. L. 104-208, Sec. 2412(c), added subsec. (b).
Subsec. (c). Pub. L. 104-208, Sec. 2412(e)(1), added subsec. (c).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-208 effective 365 days after Sept. 30,
1996, with special rule for early compliance, see section 2420 of Pub.
L. 104-208, set out as a note under section 1681a of this title.
Section Referred to in Other Sections
This section is referred to in sections 1681h, 1681n, 1681s-2 of
this title.
