Obtaining credit reports under false
pretenses or without a permissible purpose can be fined up to $1,000 according
to the Fair Credit Reporting Act.
Civil liability for willful noncompliance: Section
1681n
- Willful
failure to comply with the fcra
- Civil liability
for knowing noncompliance
- Attorney's
fees awarded under the FCRA
(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
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