Page:United States Statutes at Large Volume 110 Part 4.djvu/623

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-460 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 DAM- AGES.— 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. "SEC. 410. ADMINISTRATIVE ENFORCEMENT. 15 USC 1679h. "(a) IN GENERAL.— Compliance with the requirements imposed under this title with respect to credit repair organizations shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission. " (b) VIOLATIONS OF THIS TITLE TREATED AS VIOLATIONS OF FEDERAL TRADE COMMISSION ACT. — "(1) IN GENERAL.—For the purpose of the exercise by the Federal Trade Commission of the Commission's functions and powers under the Federal Trade Commission Act, any violation of any requirement or prohibition imposed under this title with respect to credit repair organizations shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act. " (2) ENFORCEMENT AUTHORITY UNDER OTHER LAW. —All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act shall be available to the Commission to enforce compliance with this title by any person subject to enforcement by the Federal Trade Commission pursuant to this subsection, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of any Federal Trade Commission trade regulation rule, without regard to whether the credit repair organization—

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