§ 1679g. Civil liability
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/usc/title-15/section-1679gA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Liability established Any person who fails to comply with any provision of this subchapter with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs:
(1)Actual damages The greater of—
(A)the amount of any actual damage sustained by such person as a result of such failure; or
(B)any amount paid by the person to the credit repair organization.
(2)Punitive damages
(A)Individual actions In the case of any action by an individual, such additional amount as the court may allow.
(B)Class actions In the case of a class action, the sum of—
(i)the aggregate of the amount which the court may allow for each named plaintiff; and
(ii)the aggregate of the amount which the court may allow for each other class member, without regard to any minimum individual recovery.
(3)Attorneys’ fees In the case of any successful action to enforce any liability under paragraph
(1)or (2), the costs of the action, together with reasonable attorneys’ fees.
(b)Factors to be considered in awarding punitive damages In determining the amount of any liability of any credit repair organization under subsection (a)(2), the court shall consider, among other relevant factors—
(1)the frequency and persistence of noncompliance by the credit repair organization;
(2)the nature of the noncompliance;
(3)the extent to which such noncompliance was intentional; and
(4)in the case of any class action, the number of consumers adversely affected.
(Pub. L. 90–321, title IV, § 409, as added Pub. L. 104–208, div. A, title II, § 2451, Sept. 30, 1996, 110 Stat. 3009–459.)
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- Pub. L. 90–321, title IV, § 409
- Pub. L. 104–208, div. A, title II, § 2451
- 110 Stat. 3009–459
- section 413 of Pub. L. 90–321
- Pub. L. 104–208
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§ 1679g
Civil liability
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Bills×3
Stat. Comp.×1
Stat.×1
U.S.C.×1
Pub. L.Pub. L. 90–321, title IV, § 409
Pub. L.Pub. L. 104–208, div. A, title II, § 2451
Stat.110 Stat. 3009–459
Pub. L.section 413 of Pub. L. 90–321
Pub. L.Pub. L. 104–208
Cites 6Cited by 10 across 5 sources