
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1681n]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 41--CONSUMER CREDIT PROTECTION
 
                SUBCHAPTER III--CREDIT REPORTING AGENCIES
 
Sec. 1681n. Civil liability for willful noncompliance


(a) In general

    Any 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 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.

(Pub. L. 90-321, title VI, Sec. 616, as added Pub. L. 91-508, title VI, 
Sec. 601, Oct. 26, 1970, 84 Stat. 1134; amended Pub. L. 104-208, div. A, 
title II, Sec. 2412(a)-(c), (e)(1), Sept. 30, 1996, 110 Stat. 3009-446.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-208, Sec. 2412(a), designated 
existing provisions as subsec. (a), inserted heading, and in 
introductory provisions substituted ``Any person who'' for ``Any 
consumer reporting agency or user of information which''.
    Subsec. (a)(1). Pub. L. 104-208, Sec. 2412(b), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``any actual 
damages sustained by the consumer as a result of the failure;''.
    Subsec. (b). Pub. L. 104-208, Sec. 2412(c), added subsec. (b).
    Subsec. (c). Pub. L. 104-208, Sec. 2412(e)(1), added subsec. (c).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective 365 days after Sept. 30, 
1996, with special rule for early compliance, see section 2420 of Pub. 
L. 104-208, set out as a note under section 1681a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1681h, 1681n, 1681s-2 of 
this title.
