Page:United States Statutes at Large Volume 110 Part 4.djvu/610

 110 STAT. 3009-447 PUBLIC LAW 104-208—SEPT. 30, 1996 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.". (2) NEGLIGENT NONCOMPLIANCE.— Section 617 of the Fair Credit Reporting Act (15 U.S.C. 168lo) is amended by adding at the end the following new subsection: "(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.". SEC. 2413. RESPONSIBILITIES OF PERSONS WHO FURNISH INFORMA- TION TO CONSUMER REPORTING AGENCIES. (a) IN GENERAL.— The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended— 15 USC I681t. (1) by redesignating section 623 as section 624; and (2) by inserting after section 622 the following: 15 USC 1681S-2. "SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES. " (a) DUTY OF FURNISHERS OF INFORMATION To PROVIDE ACCURATE INFORMATION.— " (1) PROHIBITION.— "(A) REPORTING INFORMATION WITH ACTUAL KNOWL- EDGE OF ERRORS.—^A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. " (B) REPORTING INFORMATION AFTER NOTICE AND CON- FIRMATION OF ERRORS.— ^A person shall not furnish information relating to a consumer to any consumer reporting agency if— "(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and "(ii) the information is, in fact, inaccurate. "(C) No ADDRESS REQUIREMENT.^A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. "(2) DUTY TO CORRECT AND UPDATE INFORMATION. — A person who— "(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and "(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to

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