44-1695. Liability

261 words·~1 min read·/az/title-44/44-1695

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A consumer reporting agency or information source is not liable to any consumer resulting from:

1. Reporting inaccurate information corrected in compliance with sections 44-1694 and 44-1698 except as provided in this section.

2. Failing to lift a security freeze pursuant to section 44-1698, subsection G.

B. A consumer reporting agency is liable for any damages and attorney fees and court costs that are incurred by a consumer and that result from reporting of inaccurate information that a consumer reporting agency refuses to correct as provided in section 44-1694.

C. Any consumer reporting agency, user of information or source of information that is grossly negligent in the use or preparation of a consumer report or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, punitive damages and attorney fees and court costs. If a consumer reporting agency prepares a consumer report, the consumer reporting agency shall follow reasonable procedures to ensure the maximum possible accuracy of the information relating to the consumer who is the subject of the consumer report.

D. Under section 44-1698, any consumer reporting agency that is grossly negligent or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, attorney fees and court costs for the following:

1. Failing to implement a security freeze.

2. Releasing a credit report or credit score if a security freeze has been placed by the consumer.

3. Failing to remove a security freeze at the consumer's request.