15 U.S.C. § 1679g — Civil liability

submitted 30 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 258 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates civil liability for violations. It specifies actual-damage or payment recovery, possible punitive damages, attorney fees and costs, and factors for punitive damages.

(a) A person who violates this subchapter with respect to another person owes that person the sum of: (1) the greater of actual damage or the amount paid to the credit-repair organization; (2) additional punitive damages the court allows in an individual action, or in a class action the total amounts the court allows for named plaintiffs plus other class members without a minimum individual recovery; and (3) litigation costs and reasonable attorney fees for a successful enforcement action. (b) In setting punitive damages against a credit-repair organization, the court must consider the frequency and persistence and nature of the violations, how intentional they were, and, in a class action, the number of adversely affected consumers.

the actual law source: uscode.house.gov ↗public domain

(a) Liability established

Any person who fails to comply with any provision of this subchapter with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs:

(1) Actual damages

The greater of—

(A)

the amount of any actual damage sustained by such person as a result of such failure; or

(B)

any amount paid by the person to the credit repair organization.

(2) Punitive damages

(A) Individual actions

In the case of any action by an individual, such additional amount as the court may allow.

(B) Class actions

In the case of a class action, the sum of—

(i)

the aggregate of the amount which the court may allow for each named plaintiff; and

(ii)

the aggregate of the amount which the court may allow for each other class member, without regard to any minimum individual recovery.

(3) Attorneys’ fees

In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys’ fees.

(b) Factors to be considered in awarding punitive damages

In determining the amount of any liability of any credit repair organization under subsection (a)(2), the court shall consider, among other relevant factors—

(1)

the frequency and persistence of noncompliance by the credit repair organization;

(2)

the nature of the noncompliance;

(3)

the extent to which such noncompliance was intentional; and

(4)

in the case of any class action, the number of consumers adversely affected.

Source credit: (Pub. L. 90–321, title IV, § 409, as added Pub. L. 104–208, div. A, title II, § 2451, Sept. 30, 1996, 110 Stat. 3009–459.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 90-321 · 110 Stat. 3009

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-321 on 1996-09-30.

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