1681n - Civil Liability for Willful Noncompliance

Commerce and Trade

Chapter 41 — Consumer Credit Protection

Subchapter III — Credit Reporting Agencies

(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 -

(a)(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

(a)(1)(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;

(a)(2) such amount of punitive damages as the court may allow; and

(a)(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.

(d) Clarification of willful noncompliance

For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between December 4, 2004, and June 3, 2008, but otherwise complied with the requirements of section 1681c(g) of this title for such receipt shall not be in willful noncompliance with section 1681c(g) of this title by reason of printing such expiration date on the receipt.

(Pub. L. 90–321, title VI, §616, as added Pub. L. 91–508, title VI, §601, Oct. 26, 1970, 84 Stat. 1134 ; amended Pub. L. 104–208, div. A, title II, §2412(a)–(c), (e)(1), Sept. 30, 1996, 110 Stat. 3009–446 ; Pub. L. 110–241, §3(a), June 3, 2008, 122 Stat. 1566 .)

AMENDMENTS

2008-Subsec. (d). Pub. L. 110–241 added subsec. (d).

1996 - Subsection(a). Pub. L. 104-208, §2412(a), designated existing provisions as Subsection(a), inserted heading, and in introductory provisions substituted ''Any person who'' for ''Any consumer reporting agency or user of information which''.

Subsection(a)(1). Pub. L. 104-208, §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;''.

Subsection(b). Pub. L. 104-208, §2412(c), added Subsection(b).

Subsection(c). Pub. L. 104-208, §2412(e)(1), added Subsection(c).