15 USC 1681n - Civil liability for willful noncompliance

U.S Code last checked for updates: Apr 26, 2024

§ 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

(c)

Attorney’s fees

(d)

Clarification of willful noncompliance

(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.)

cite as: 15 USC 1681n