Page:United States Statutes at Large Volume 110 Part 4.djvu/609

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-446 603(k)(l)(A), taken in connection with a transaction initiated by the consumer, or any adverse action described in clause (i) or (ii) of section 603(k)(l)(B). "(C) INFORMATION DESCRIBED.— Information referred to in subparagraph (A)— "(i) except as provided in clause (ii), is information that— "(I) is furnished to the person taking the action by a person related by common ownership or affiliated by common corporate control to the person taking the action; and "(II) bears on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of the consumer; and "(ii) does not include— "(I) information solely as to transactions or experiences between the consumer and the person furnishing the information; or "(II) information in a consumer report.". SEC. 2412. CIVIL LIABILITY. (a) CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE. —Section 616 of the Fair Credit Reporting Act (15 U.S.C. 168In) is amended by striking "Any consumer reporting agency or user of information which" and inserting "(a) IN GENERAL.— Any person who". (b) MINIMUM CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE.— Section 616(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681n(l)), as so designated by subsection (a) of this section, is amended to read as follows: "(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;". (c) CIVIL LIABILITY FOR KNOWING NONCOMPLIANCE.—Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by adding at the end the following new subsection: "(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.". (d) CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE.—Section 617 of the Fair Credit Reporting Act (15 U.S.C. I68I0) is amended by striking "Any consumer reporting agency or user of information which" and inserting "(a) IN GENERAL. — Any person who". (e) ATTORNEY'S FEES. — (1) WILLFUL NONCOMPLIANCE.— Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by adding at the end the following new subsection: "(c) ATTORNEY'S FEES. — Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection - 20:QL3Part4

�