A. Any person who willfully fails to comply with any requirement imposed under the provisions of this act with respect to any consumer is liable to that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer; and
2. In the case of any successful action to enforce any liability under the provisions of this act, the costs of the action together with reasonable attorney fees as determined by the court.
B. Any person who obtains a consumer report, requests a security freeze, or requests the temporary lift of a security freeze or the removal of a security freeze from a consumer reporting agency under false pretenses or in an attempt to violate federal or state law shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or One Thousand Dollars ($1,000.00), whichever is greater.
C. Any person who is negligent in failing to comply with any requirement imposed under this act with respect to any consumer is liable to that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer as a result of the failure; and
2. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney fees as determined by the court.
D. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under the provisions of this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party reasonable attorney fees in relation to the work expended in responding to the pleading, motion, or other paper.
Added by Laws 2006, c. 283, § 11, eff. Jan. 1, 2007.
Structure Oklahoma Statutes
§24-3. Fraud only invalidates contracts of debtor.
§24-4. Alternative right to several funds.
§24-11. Preferences permitted.
§24-12. Fraudulent debts - When due.
§24-13. Insurance on life of debtor - Conditions.
§24-14. Insurance on life of debtor - Penalties.
§24-15. Debt pooling - Prohibition.
§24-16. Debt pooling - Definition.
§24-17. Debt pooling - Penalties.
§24-18. Debt pooling - Application of act.
§24-31. Allowable, when - Preference, effect of.
§24-33. Subsisting liabilities.
§24-34. Assignments void in certain cases.
§24-35. Assignment to be in writing and signed - Acknowledgment, proof and certification.
§24-36. Void unless made as prescribed.
§24-38. Inventory, necessity and requisites of.
§24-40. Record of assignment and inventory - Place of filing - Nonresidents.
§24-41. More than one assignor - Recording assignment - Filing inventory - Nonresidents.
§24-42. Time of recording - Effect of failure to record within time specified.
§24-45. Authority of assignee begins, when.
§24-47. Exempt property and life insurance do not pass - Exception.
§24-48. Compensation of assignee.
§24-49. Good faith protects assignee.
§24-50. Cancellation or modification of assignment - Assent of creditor affected.
§24-81. Persons furnishing ratings to request statement of assets and liabilities.
§24-82. Copy of opinion furnished person to whom it relates.
§24-83. False credit information or false rating - Penalty - Damages.
§24-84. Person rated may see rate book - Penalty.
§24-85. False credit statement.
§24-86. Restrictions on inclusion of tax lien information in credit report or rating.
§24-114. Tests for determining insolvency.
§24-116. Transfers fraudulent to creditors.
§24-118. Tests for determining when transfer is made or obligation incurred.
§24-120. Voidable and nonvoidable transfers - Creditor's remedies and limitations thereon.
§24-121. Limitation of actions.
§24-122. Supplementary principles of law and equity.
§24-123. Application and construction of act.
§24-134. Exemption from bond and trust account provisions - Responsibility for employees or agents.
§24-135. Information statement - Written statement required.
§24-136. Information statement - Contents.
§24-137. Contracts - Contents - Form for "Notice of Cancellation" - Copies.
§24-138. Waivers - Burden of proof - Violations and jurisdiction - Enforcement of rights.
§24-139. Action for damages - Remedies not exclusive.
§24-140. Rules and regulations.
§24-141. License required – Extensions of credit in compliance with law.
§24-142. Application for license - Resident agent.
§24-143. Fees - Administrator's investigation - Issuance or denial of license.
§24-144. Licenses - Contents - Display - Number - Term - Annual fee.
§24-145. Administrative hearing - Suspension, revocation or surrender of license.
§24-146. Investigation and examination of books and records.
§24-148. Request of consumer report – Notice to subject of report.
§24-152. Requests to temporarily lift freeze - Time for compliance - Request procedures.
§24-154. Removal of freeze by consumer request - Identification required.
§24-156. Fees - Written notice of changes.
§24-157. Entities not required to place security freeze.
§24-159. Failure to comply - Use of false pretenses - Penalties.
§24-163. Duty to disclose breach.
§24-164. Notice procedures deemed in compliance.
§24-165. Enforcement – Civil penalty limitation.
§24-170. Short title - Oklahoma Student Borrower's Bill of Rights Act.