(a) Except as otherwise provided
by this section, any debt collector who fails to comply with any provision
of this title 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;
(2) (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.
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(b) 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) A debt collector may
not be held liable in any action brought under this title 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.
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(d) An action to enforce any liability created by
this title 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) 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.
[15 USC 1692k. As amended
by act of July 21, 2010 (124 Stat. 2092).]
