15-U.S.C.-1679G
§1679G – Civil Liability
Pathway
Title 15 > Chapter 41 > Subchapter II-A > Section 1679g
Details
- Reference: Section 1679g
- Legend: §1679G – Civil Liability
- USCode Year: 2013
Provision Content
(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) of this section, 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.
(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.)
U.S. Encyclopedia of Law Coverage
15-U.S.C.-1666I in the Legal Encyclopedia: Trade Law
In this entry about 15-U.S.C.-1666I, find legal reference material, bibliographies and premiere content related to trade law in the American Encyclopedia of Law, presenting a comprehensive view of the United States trade law-specific issues, written by authorities in the field.
15-U.S.C.-1679B in the Legal Encyclopedia: Consumer Credit Protection
In this entry about 15-U.S.C.-1679B, find legal reference material, bibliographies and premiere content related to consumer credit protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States consumer credit protection-specific issues, written by authorities in the field.
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