Civil liability for willful noncompliance 15 USC s 1681n

Penalties for Intentionally Breaking Fair Credit Reporting Rules

Published: 8 months ago
Understanding Penalties for Intentional Violations in the Fair Credit Reporting Act

Under the Fair Credit Reporting Act (FCRA), specifically in section 1681n, there are rules about what should happen if someone deliberately breaks the law when dealing with your credit information. This section is about holding those people or businesses accountable if they knowingly ignore the act’s requirements.

What Counts as Willful Noncompliance?
  • Intentional Acts: This part talks about scenarios where a credit reporting agency, a user of credit reports (like lenders or employers), or a provider of credit information (like a bank) does something they know is against the FCRA rules or acts in reckless disregard of those rules.
  • Ignores the Law: For example, a credit reporting agency doesn't correct wrong information on your report even after you’ve shown them proof, or a lender doesn't provide you with the required notice about how they used your credit report when they deny your application.
Consequences of Willful Noncompliance
  • Actual Damages: If someone willingly breaks these rules and that leads to harm or loss for you, you could get money for any actual harm you suffered, which means any financial losses or damages caused by the violation.
  • Statutory Damages: Even if you can’t prove you were harmed, you might still be entitled to money (statutory damages) which could range from $100 to $1,000.
  • Punitive Damages: On top of the actual and statutory damages, you could also be awarded punitive damages, which is money the court decides on to punish the violator for their intentional misconduct.
  • Legal Costs: Additionally, if you win the case, the person or business that violated the law can be required to pay for your court costs and attorney fees.

This section of the FCRA is there to make sure there's a real cost for willfully mishandling credit information, and to give people a means to receive compensation if their rights under the act are violated.

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