(a) Any agency or department
of the United States or financial institution obtaining or disclosing
financial records or information contained therein in violation of
this title is liable to the customer to whom such records relate in
an amount equal to the sum of—
(1) $100 without regard to the volume of
records involved;
(2)
any actual damages sustained by the customer as a result of the disclosure;
(3) such punitive damages
as the court may allow, where the violation is found to have been
willful or intentional; and
(4) in the case of any successful action
to enforce liability under this section, the costs of the action together
with reasonable attorney’s fees as determined by the court.
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(b) Whenever the court determines that any agency or department
of the United States has violated any provision of this title and
the court finds that the circumstances surrounding the violation raise
questions of whether an officer or employee of the department or agency
acted willfully or intentionally with respect to the violation, the
Civil Service Commission shall promptly initiate a proceeding to determine
whether disciplinary action is warranted against the agent or employee
who was primarily responsible for the violation. The Commission after
investigation and consideration of the evidence submitted, shall submit
its findings and recommendations to the administrative authority of
the agency concerned and shall send copies of the findings and recommendations
to the officer or employee or his representative. The administrative
authority shall take the corrective action that the Commission recommends.
(c) Any financial institution or agent or employee
thereof making a disclosure of financial records pursuant to this
title in good-faith reliance upon a certificate by any Government
authority or pursuant to the provisions of section 1113(l)
shall not be liable to the customer for such disclosure under this
title, the constitution of any State, or any law or regulation of
any State or any political subdivision of any State.
(d) The remedies and sanctions described in this title shall be the
only authorized judicial remedies and sanctions for violations of
this title.
[12 USC 3417. As amended by act of Nov. 18, 1988 (102 Stat. 4358).]
