CIVIL LIABILITY.

SEC. 2412. CIVIL LIABILITY. (a) Civil Liability for Willful Noncompliance.— Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) 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(1)), 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. 168 In) 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. 168 lo) 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 110 STAT. 3009–447with 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.”.