
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1692k]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 41--CONSUMER CREDIT PROTECTION
 
                 SUBCHAPTER V--DEBT COLLECTION PRACTICES
 
Sec. 1692k. Civil liability


(a) Amount of damages

    Except as otherwise provided by this section, any debt collector who 
fails to comply with any provision of this subchapter with respect to 
any person is liable to such person in an amount equal to the sum of--
        (1) any actual damage sustained by such person as a result of 
    such failure;
        (2)(A) in the case of any action by an individual, such 
    additional damages as the court may allow, but not exceeding $1,000; 
    or
        (B) in the case of a class action, (i) such amount for each 
    named plaintiff as could be recovered under subparagraph (A), and 
    (ii) such amount as the court may allow for all other class members, 
    without regard to a minimum individual recovery, not to exceed the 
    lesser of $500,000 or 1 per centum of the net worth of the debt 
    collector; and
        (3) in the case of any successful action to enforce the 
    foregoing liability, the costs of the action, together with a 
    reasonable attorney's fee as determined by the court. On a finding 
    by the court that an action under this section was brought in bad 
    faith and for the purpose of harassment, the court may award to the 
    defendant attorney's fees reasonable in relation to the work 
    expended and costs.

(b) Factors considered by court

    In determining the amount of liability in any action under 
subsection (a) of this section, the court shall consider, among other 
relevant factors--
        (1) in any individual action under subsection (a)(2)(A) of this 
    section, the frequency and persistence of noncompliance by the debt 
    collector, the nature of such noncompliance, and the extent to which 
    such noncompliance was intentional; or
        (2) in any class action under subsection (a)(2)(B) of this 
    section, the frequency and persistence of noncompliance by the debt 
    collector, the nature of such noncompliance, the resources of the 
    debt collector, the number of persons adversely affected, and the 
    extent to which the debt collector's noncompliance was intentional.

(c) Intent

    A debt collector may not be held liable in any action brought under 
this subchapter if the debt collector shows by a preponderance of 
evidence that the violation was not intentional and resulted from a bona 
fide error notwithstanding the maintenance of procedures reasonably 
adapted to avoid any such error.

(d) Jurisdiction

    An action to enforce any liability created by this subchapter may be 
brought in any appropriate United States district court without regard 
to the amount in controversy, or in any other court of competent 
jurisdiction, within one year from the date on which the violation 
occurs.

(e) Advisory opinions of Commission

    No provision of this section imposing any liability shall apply to 
any act done or omitted in good faith in conformity with any advisory 
opinion of the Commission, notwithstanding that after such act or 
omission has occurred, such opinion is amended, rescinded, or determined 
by judicial or other authority to be invalid for any reason.

(Pub. L. 90-321, title VIII, Sec. 813, as added Pub. L. 95-109, Sept. 
20, 1977, 91 Stat. 881.)

                  Section Referred to in Other Sections

    This section is referred to in section 1692j of this title.
