
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: 15USC1681o]

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


(a) In general

    Any person who is negligent in failing 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) any actual damages sustained by the consumer as a result of 
    the failure;
        (2) 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) Attorney's fees

    On 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. 617, 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(d), (e)(2), Sept. 30, 1996, 110 Stat. 3009-446, 
3009-447.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-208, Sec. 2412(d), designated 
existing provisions as subsec. (a), inserted heading, and substituted 
``Any person who'' for ``Any consumer reporting agency or user of 
information which''.
    Subsec. (b). Pub. L. 104-208, Sec. 2412(e)(2), added subsec. (b).


                    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, 1681s, 1681s-2 of 
this title.
