(a) In general. Any person who willfully fails to comply with any
requirement imposed under this title with respect to any consumer
is liable to that consumer in an amount equal to the sum of—
(1) (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.
6-1569.1
(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 the date of the enactment of this subsection
but otherwise complied with the requirements of section 605(g) for
such receipt shall not be in willful noncompliance with section 605(g)
by reason of printing such expiration date on the receipt.
[15 USC 1681n. As amended
by acts of Sept. 30, 1996 (110 Stat. 3009-446) and June 3, 2008 (122
Stat. 1566).]
