§1681o — Civil Liability for Negligent Noncompliance

Commerce and Trade

Chapter 41 — Consumer Credit Protection

Subchapter III — Credit Reporting Agencies

(a) In general. - Any person who is negligent in failing 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) any actual damages sustained by the consumer as a result of the failure; and

(a)(2) 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) Attorney's fees. - On 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, §617, 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(d), (e)(2), Sept. 30, 1996, 110 Stat. 3009–446 , 3009-447; Pub. L. 108–159, title VIII, §811(e), Dec. 4, 2003, 117 Stat. 2012 .)

AMENDMENTS

2003-Subsec. (a)(1). Pub. L. 108–159 inserted "and" after semicolon at end.

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

Subsection(b). Pub. L. 104-208, §2412(e )(2), added Subsection(b).