§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed
under this title with respect to any consumer is liable to that consumer in an amount
equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of the failure or
damages of not less than $100 and not more than $1,000; or
(B) in the case of liability of a natural person for obtaining a consumer report
under false pretenses or knowingly without a permissible purpose, actual
damages sustained by the consumer as a result of the failure or $1,000,
whichever is greater;
(2) such amount of punitive damages as the court may allow; and
(3) in the case of any successful action to enforce any liability under this section, the
costs of the action together with reasonable attorney's fees as determined by the court.
(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report
from a consumer reporting agency under false pretenses or knowingly without a
permissible purpose shall be liable to the consumer reporting agency for actual damages
sustained by the consumer reporting agency or $1,000, whichever is greater.
(c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or
other paper filed in connection with an action under this section was filed in bad faith or
for purposes of harassment, the court shall award to the prevailing party attorney's fees
reasonable in relation to the work expended in responding to the pleading, motion, or
other paper.
(d) Clarification of willful noncompliance. For the purposes of this section, any person who
printed an expiration date on any receipt provided to a consumer cardholder at a point of
sale or transaction between December 4, 2004, and the date of the enactment of this
subsection but otherwise complied with the requirements of section 605(g) for such
receipt shall not be in willful noncompliance with section 605(g) by reason of printing
such expiration date on the receipt.
62
§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement
imposed under this title with respect to any consumer is liable to that consumer in an
amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure; and
(2) in the case of any successful action to enforce any liability under this section, the
costs of the action together with reasonable attorney's fees as determined by the court.
(b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other
paper filed in connection with an action under this section was filed in bad faith or for
purposes of harassment, the court shall award to the prevailing party attorney's fees
reasonable in relation to the work expended in responding to the pleading, motion, or
other paper.
§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]
An action to enforce any liability created under this title may be brought in any
appropriate United States district court, without regard to the amount in controversy, or in any
other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of
discovery by the plaintiff of the violation that is the basis for such liability; or (2) 5 years after
the date on which the violation that is the basis for such liability occurs.
§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]
Any person who knowingly and willfully obtains information on a consumer from a
consumer reporting agency under false pretenses shall be fined under title 18, United States
Code, imprisoned for not more than 2 years, or both.

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