(a) In generalAny person who willfully fails to comply with any requirement imposed under this subchapter 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.
(b) Civil liability for knowing noncomplianceAny 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 feesUpon 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 noncomplianceFor 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 June 3, 2008, but otherwise complied with the requirements of section 1681c(g) of this title for such receipt shall not be in willful noncompliance with section 1681c(g) of this title by reason of printing such expiration date on the receipt.
Structure US Code
CHAPTER 41— CONSUMER CREDIT PROTECTION
SUBCHAPTER III— CREDIT REPORTING AGENCIES
§ 1681. Congressional findings and statement of purpose
§ 1681a. Definitions; rules of construction
§ 1681b. Permissible purposes of consumer reports
§ 1681c. Requirements relating to information contained in consumer reports
§ 1681c–1. Identity theft prevention; fraud alerts and active duty alerts
§ 1681c–2. Block of information resulting from identity theft
§ 1681c–3. Adverse information in cases of trafficking
§ 1681d. Disclosure of investigative consumer reports
§ 1681e. Compliance procedures
§ 1681f. Disclosures to governmental agencies
§ 1681g. Disclosures to consumers
§ 1681h. Conditions and form of disclosure to consumers
§ 1681i. Procedure in case of disputed accuracy
§ 1681j. Charges for certain disclosures
§ 1681k. Public record information for employment purposes
§ 1681l. Restrictions on investigative consumer reports
§ 1681m. Requirements on users of consumer reports
§ 1681n. Civil liability for willful noncompliance
§ 1681o. Civil liability for negligent noncompliance
§ 1681p. Jurisdiction of courts; limitation of actions
§ 1681q. Obtaining information under false pretenses
§ 1681r. Unauthorized disclosures by officers or employees
§ 1681s. Administrative enforcement
§ 1681s–1. Information on overdue child support obligations
§ 1681s–2. Responsibilities of furnishers of information to consumer reporting agencies
§ 1681t. Relation to State laws
§ 1681u. Disclosures to FBI for counterintelligence purposes
§ 1681v. Disclosures to governmental agencies for counterterrorism purposes
§ 1681x. Corporate and technological circumvention prohibited