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Civil Liability
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Any person who is negligent in failing to comply with any requirement imposed under the Fair Credit Reporting Act, as amended by the Consumer Fair Credit Reporting Act of 1996, is liable to that consumer in an amount equal to the sum of actual damages sustained by the consumer as a result of the failure. In addition, in the case of any successful action under this section, that "person" may be responsible for certain court "costs" and reasonable attorney's fees as determined by the court.
In addition to Federal and State enforcement actions, violators of the Fair Credit Reporting Act may be liable for money damages to consumers under Section 616. Under Section 616, any person who fails to comply with Fair Credit Reporting Act as amended by the Consumer Fair Credit Reporting Reform Act of 1996, may be liable to the consumer for actual damages not less than $100, nor more than $1,000., or, if for a natural person obtaining a report under false pretenses or knowingly without a permissible purpose, actual damages or $1,000, whichever is greater. In addition, punitive damages may be awarded by a court, and attorney fees and costs if successful.
Additionally, 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.
Note that special rules may apply to actions against furnishers of information. These may be limited to enforcement agencies pursuant to Section 623 and Section 621. See "Civil Liability" by clicking here. Link does not return to page.
A copy of The Fair Credit Reporting Act, As Amended, and a copy of the FTC Official Staff Commentary to the Fair Credit Reporting Act, and the FTC Prescribed Notices are included under "Fair Credit Reporting Resources", available from LAWDOG Credit Reporting Center, or here. Use browser return button to return. Read Notices, Caution and Disclaimer.
