§ 1681n. Civil liability for willful noncompliance
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/usc/title-15/section-1681nA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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—
(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 Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.
(c)Attorney’s fees Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney’s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
(d)Clarification of willful noncompliance For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between December 4, 2004, and June 3, 2008, but otherwise complied with the requirements of section 1681c(g) of this title for such receipt shall not be in willful noncompliance with section 1681c(g) of this title by reason of printing such expiration date on the receipt.
(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.)
Connections31 cite this · traces to 5
Cited by 31 sections · top 25
U.S. Code
register
- UnknownAdvisory opinion
- UnknownConsumer financial protection circular
- NoticesFinal rule; official interpretations
- Rules and RegulationsAdvisory opinion
- UnknownConsumer financial protection circular
- NoticesProposed rule with request for public comment
- Rules and RegulationsAdvisory opinion
- UnknownAdvisory opinion
statutes-at-large
- Public Law 108–159To amend the Fair Credit Reporting Act, to prevent identity theft, improve resolution of consumer disputes, improve the accuracy of consumer records, make improvements in the use of, and consumer access to, credit information, and for other purposes
- Public Law 110–241To amend the Fair Credit Reporting Act to make technical corrections to the definition of willful noncompliance with respect to violations involving the printing of an expiration date on certain credit and debit card receipts before the date of the enactment of this Act
- Public Law 104–207Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making genera) or continuing appropriations for fiscal year 1997
statute-compilations
bill
- Sec. 2Maintaining consistency in civil liability under the Fair Credit Reporting Act for class actions
- Sec. 2Legal recourse for consumers
- Sec. 5Injunctive relief
- Sec. 5Injunctive relief
- Sec. 5Injunctive relief
- Sec. 203Amendments to the Fair Credit Reporting Act
- Sec. 203Amendments to the Fair Credit Reporting Act
- Sec. 203Amendments to the Fair Credit Reporting Act
- Sec. 203Amendments to the Fair Credit Reporting Act
- Sec. 203Amendments to the Fair Credit Reporting Act
- Sec. 2Maintaining consistency in civil liability under the Fair Credit Reporting Act for class actions
Traces to 5 documents
22 references not yet in our index
- Pub. L. 90–321, title VI, § 616
- Pub. L. 91–508, title VI, § 601
- 84 Stat. 1134
- Pub. L. 104–208, div. A, title II, § 2412(a)
- 110 Stat. 3009–446
- Pub. L. 110–241, § 3(a)
- 122 Stat. 1566
- Pub. L. 110–241
- Pub. L. 104–208, § 2412(a)
- Pub. L. 104–208, § 2412(b)
- Pub. L. 104–208, § 2412(c)
- Pub. L. 104–208, § 2412(e)(1)
- Pub. L. 104–208
- section 2420 of Pub. L. 104–208
- section 504(d) of Pub. L. 90–321
- Pub. L. 91–508
- Pub. L. 108–159, title III, § 312(f)
- 117 Stat. 1993
- Pub. L. 110–241, § 2
- 122 Stat. 1565
- Pub. L. 108–159
- Pub. L. 110–241, § 3(b)
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cites case law
§ 1681n
Civil liability for willful noncompliance
Bills×11
Fed. Reg.×8
Stat.×8
U.S.C.×3
Stat. Comp.×1
Pub. L.Pub. L. 90–321, title VI, § 616
Pub. L.Pub. L. 91–508, title VI, § 601
Stat.84 Stat. 1134
Pub. L.Pub. L. 104–208, div. A, title II, § 2412(a)
Stat.110 Stat. 3009–446
Cites 27 · showing 10Cited by 31 across 5 sources