§ 1692k. Civil liability

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(a)Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of—

(1)any actual damage sustained by such person as a result of such failure;

(A)in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B)in the case of a class action,

(i)such amount for each named plaintiff as could be recovered under subparagraph (A), and

(ii)such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3)in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.

(b)Factors considered by court In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors—

(1)in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or

(2)in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector’s noncompliance was intentional.

(c)Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(d)Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

(e)Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

(Pub. L. 90–321, title VIII, § 813, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 881; amended Pub. L. 111–203, title X, § 1089(1), July 21, 2010, 124 Stat. 2092.)

Connections51 cite this · traces to 2

Cited by 51 sections · top 32

U.S. Code

§ 1692j
Furnishing certain deceptive forms

statute-compilations

Sec. 813
Civil liability

statutes-at-large

bill

Traces to 2 documents

U.S. Code

8 references not yet in our index

Pub. L. 90–321, title VIII, § 813
Pub. L. 95–109
91 Stat. 881
Pub. L. 111–203, title X, § 1089(1)
124 Stat. 2092
Pub. L. 111–203
section 1100H of Pub. L. 111–203
section 819 of Pub. L. 90–321

Citation graph

cites case law

§ 1692k

Civil liability

Bills×27

Fed. Reg.×20

Stat.×2

Stat. Comp.×1

U.S.C.×1

U.S.C.§ 552a

U.S.C.§ 1692

Pub. L.Pub. L. 90–321, title VIII, § 813

Pub. L.Pub. L. 95–109

Stat.91 Stat. 881

Pub. L.Pub. L. 111–203, title X, § 1089(1)

Stat.124 Stat. 2092

Cites 10 · showing 7Cited by 51 across 5 sources