The Fair Credit Reporting Act - Section 616
616. Civil liability for willful noncompliance [15 U.S.C. 1681n]
(a) In general. Any person who willfully fails to comply with any requirement
imposed under this title 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.
The Fair Credit Reporting Act (FCRA) Main Page
601. Short title
602. Congressional findings and statement of purpose
603. Definitions; rules of construction
604. Permissible purposes of consumer reports
605. Requirements relating to information contained in consumer reports
606. Disclosure of investigative consumer reports
607. Compliance procedures
608. Disclosures to governmental agencies
609. Disclosures to consumers
610. Conditions and form of disclosure to consumers
611. Procedure in case of disputed accuracy
612. Charges for certain disclosures
613. Public record information for employment purposes
614. Restrictions on investigative consumer reports
615. Requirements on users of consumer reports
616. Civil liability for willful noncompliance
617. Civil liability for negligent noncompliance
618. Jurisdiction of courts; limitation of actions
619. Obtaining information under false pretenses
620. Unauthorized disclosures by officers or employees
621. Administrative enforcement
622. Information on overdue child support obligations
623. Responsibilities of furnishers of information to consumer reporting agencies
624. Relation to State laws
625. Disclosures to FBI for counterintelligence purposes
626. Disclosures to governmental agencies for counterterrorism purposes
Endnotes
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legal advice and may not be complete or up to date with the most current
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