42 USC 669a - Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases

U.S Code last checked for updates: May 08, 2024

§ 669a.

Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases

(a)

In general

(b)

Prohibition of disclosure of financial record obtained by State child support enforcement agency

(c)

Civil damages for unauthorized disclosure

(1)

Disclosure by State officer or employee

(2)

No liability for good faith but erroneous interpretation

(3)

Damages

In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—

(A)

the greater of—

(i)

$1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or

(ii)

the sum of—

(I)

the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus

(II)

in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus

(B)

the costs (including attorney’s fees) of the action.

(d)

Definitions

For purposes of this section—

(1)

Financial institution

The term “financial institution” means—

(A)

a depository institution, as defined in section 1813(c) of title 12;

(B)

an institution-affiliated party, as defined in section 1813(u) of title 12;

(C)

any Federal credit union or State credit union, as defined in section 1752 of title 12, including an institution-affiliated party of such a credit union, as defined in section 1786(r) of title 12; and

(D)

any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.

(2)

Financial record

(Aug. 14, 1935, ch. 531, title IV, § 469A, as added Pub. L. 104–193, title III, § 353, Aug. 22, 1996, 110 Stat. 2240; amended Pub. L. 105–200, title IV, § 406(c), July 16, 1998, 112 Stat. 672.)

cite as: 42 USC 669a