42 U.S.C. § 669a — Nonliability 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
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.
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.
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.
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*.
No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b).
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—
the greater of—
$1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or
the sum of—
the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus
in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus
the costs (including attorney’s fees) of the action.
For purposes of this section—
The term “financial institution” means—
a depository institution, as defined in section 1813(c) of title 12;
an institution-affiliated party, as defined in section 1813(u) of title 12;
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
any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.
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.)
- 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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