§ 1692k. — 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: 15USC1692k]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES
Sec. 1692k. Civil liability
(a) Amount of damages
Except as otherwise provided by this section, any debt collector who
fails to comply with any provision of this subchapter with respect to
any person is liable to such person in an amount equal to the sum of--
(1) any actual damage sustained by such person as a result of
such failure;
(2)(A) in the case of any action by an individual, such
additional damages as the court may allow, but not exceeding $1,000;
or
(B) in the case of a class action, (i) such amount for each
named plaintiff as could be recovered under subparagraph (A), and
(ii) such amount as the court may allow for all other class members,
without regard to a minimum individual recovery, not to exceed the
lesser of $500,000 or 1 per centum of the net worth of the debt
collector; and
(3) in the case of any successful action to enforce the
foregoing liability, the costs of the action, together with a
reasonable attorney's fee as determined by the court. On a finding
by the court that an action under this section was brought in bad
faith and for the purpose of harassment, the court may award to the
defendant attorney's fees reasonable in relation to the work
expended and costs.
(b) Factors considered by court
In determining the amount of liability in any action under
subsection (a) of this section, the court shall consider, among other
relevant factors--
(1) in any individual action under subsection (a)(2)(A) of this
section, the frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, and the extent to which
such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B) of this
section, the frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, the resources of the
debt collector, the number of persons adversely affected, and the
extent to which the debt collector's noncompliance was intentional.
(c) Intent
A debt collector may not be held liable in any action brought under
this subchapter if the debt collector shows by a preponderance of
evidence that the violation was not intentional and resulted from a bona
fide error notwithstanding the maintenance of procedures reasonably
adapted to avoid any such error.
(d) Jurisdiction
An action to enforce any liability created by this subchapter may be
brought in any appropriate United States district court without regard
to the amount in controversy, or in any other court of competent
jurisdiction, within one year from the date on which the violation
occurs.
(e) Advisory opinions of Commission
No provision of this section imposing any liability shall apply to
any act done or omitted in good faith in conformity with any advisory
opinion of the Commission, notwithstanding that after such act or
omission has occurred, such opinion is amended, rescinded, or determined
by judicial or other authority to be invalid for any reason.
(Pub. L. 90-321, title VIII, Sec. 813, as added Pub. L. 95-109, Sept.
20, 1977, 91 Stat. 881.)
Section Referred to in Other Sections
This section is referred to in section 1692j of this title.
