Sec. 305. Civil actions and civil penalties
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Any individual aggrieved by an act of any person in violation of this Act or any amendments made by this Act may, if otherwise permitted by the laws or rules of the court of a State, bring in an appropriate court of that State— an action to enjoin such violation; an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater; or both such actions. It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent violations of the regulations prescribed under this Act.
If the court finds that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). An action may be commenced under this subsection not later than the earlier of— 5 years after the date on which the alleged violation occurred; or 3 years after the date on which the alleged violation was or should have been reasonably discovered by the aggrieved individual.
The remedy provided under this subsection shall be in addition to any other remedies available to the individual. Any person who the Attorney General determines has violated any section of this Act or of any amendments made by this Act shall be subject, in addition to any other penalties that may be prescribed by law— to a civil penalty of not more than $5,000 for each such violation; and to a civil penalty of not more than $50,000, if the violations have occurred with such frequency as to constitute a general business practice.
Any willful violation committed contemporaneously with respect to the Social Security numbers of 2 or more individuals by means of mail, telecommunication, or otherwise, shall be treated as a separate violation with respect to each such individual. The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a), other than subsections (a), (b), (f), (h), (i), (j), (m), and
(n)and the first sentence of subsection
(c)of such section, and the provisions of subsections
(d)and
(e)of section 205 of such Act ( 42 U.S.C. 405 ) shall apply to a civil penalty action under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of such Act (42 U.S.C. 1320a–7a(a)), except that, for purposes of this paragraph, any reference in section 1128A of such Act ( 42 U.S.C. 1320a–7a ) to the Secretary shall be deemed to be a reference to the Attorney General.
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- 42 USC 1320a–7a
- 42 USC 1320a–7a(a)
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