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42 U.S.C. § 669aNonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases

submitted 91 years ago by Pub. L. 104-193 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 458 words · no verdicts yet

in plain englishAI-generated · not legal advice

A financial institution is protected from liability for giving financial records to a State child-support agency or the Federal Parent Locator Service for specified child-support work. Unauthorized disclosure by a State officer or employee can lead to civil damages, with a good-faith exception and specified damage amounts.

(a) Despite any Federal or State law, a financial institution is not liable to anyone for disclosing an individual’s financial record to a State child-support enforcement agency trying to establish, change, or enforce that individual’s child-support obligation, or to the Federal Parent Locator Service under section 666(a)(17)(A). (b) A State child-support enforcement agency that receives such a record may disclose it only to the extent and for the purpose needed to establish, change, or enforce that individual’s child-support obligation. (c)(1) If a person knowingly or negligently discloses the record in violation of subsection (b), the individual may sue that person for damages in a United States district court. (2) There is no liability for a disclosure caused by a good-faith but mistaken interpretation of subsection (b). (3) If the defendant is liable, the defendant must pay the greater of $1,000 for each liable unauthorized disclosure, or the plaintiff’s actual damages plus punitive damages if the disclosure was willful or caused by gross negligence. The defendant must also pay the action’s costs, including attorney fees. (d)(1) “Financial institution” means a depository institution defined in 12 U.S.C. 1813(c); an institution-affiliated party defined in 12 U.S.C. 1813(u); a Federal or State credit union defined in 12 U.S.C. 1752, including its institution-affiliated party defined in 12 U.S.C. 1786(r); or a benefit association, insurance company, safe-deposit company, money-market mutual fund, or similar entity authorized to do business in the State. (2) “Financial record” has the meaning given in 12 U.S.C. 3401.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title.

(b) Prohibition of disclosure of financial record obtained by State child support enforcement agency

A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

(c) Civil damages for unauthorized disclosure
(1) Disclosure by State officer or employee

If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States.

(2) No liability for good faith but erroneous interpretation

No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b).

(3) Damages

In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—

(A)

the greater of—

(i)

$1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or

(ii)

the sum of—

(I)

the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus

(II)

in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus

(B)

the costs (including attorney’s fees) of the action.

(d) Definitions

For purposes of this section—

(1) Financial institution

The term “financial institution” means—

(A)

a depository institution, as defined in section 1813(c) of title 12;

(B)

an institution-affiliated party, as defined in section 1813(u) of title 12;

(C)

any Federal credit union or State credit union, as defined in section 1752 of title 12, including an institution-affiliated party of such a credit union, as defined in section 1786(r) of title 12; and

(D)

any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.

(2) Financial record

The term “financial record” has the meaning given such term in section 3401 of title 12.

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 469A, as added Pub. L. 104–193, title III, § 353, Aug. 22, 1996, 110 Stat. 2240; amended Pub. L. 105–200, title IV, § 406(c), July 16, 1998, 112 Stat. 672.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 104-193 · 110 Stat. 2240
  • 1998Amended · Pub. L. 105-200 · 112 Stat. 672

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-193 on 1935-08-14.

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