ADMINISTRATIVE ENFORCEMENT.

SEC. 2416. ADMINISTRATIVE ENFORCEMENT. (a) Available Enforcement Powers.— Section 621(a) of the Fair Credit Reporting Act (15 U.S.C. 1681s(a)) is amended— (1) by inserting “(1)” after “(a)”; (2) by adding at the end the following new paragraph: “(2) (A) In the event of a knowing violation, which constitutes a pattern or practice of violations of this title, the Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person that violates this title. In such action, such person shall be liable for a civil penalty of not more than $2,500 per violation. “(B) In determining the amount of a civil penalty under subparagraph (A), the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. “(3) Notwithstanding paragraph (2), a court may not impose any civil penalty on a person for a violation of section 623(a)(1) unless the person has been enjoined from committing the violation, or ordered not to commit the violation, in an action or proceeding brought by or on behalf of the Federal Trade Commission, and has violated the injunction or order, and the court may not impose any civil penalty for any violation occurring before the date of the violation of the injunction or order. “(4) Neither the Commission nor any other agency referred to in subsection (b) may prescribe trade regulation rules or other regulations with respect to this title”. (b) Agencies Responsible for Enforcement.— Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s) is amended— (1) in subsection (a), by inserting “Enforcement by Federal Trade Commission.—” before “Compliance with the requirements”; (2) in subsection (b), by striking the matter preceding paragraph (1) and inserting the following: “(b) Enforcement by Other Agencies.— Compliance with the requirements imposed under this title with respect to consumer reporting agencies, persons who use consumer reports from such agencies, persons who furnish information to such agencies, and users of information that are subject to subsection (d) or (e) of section 615 shall be enforced under—”; and 110 STAT. 3009–451 (3) in subsection (c), by adding at the end the following: “Notwithstanding the preceding, no agency referred to in subsection (b) may conduct an examination of a bank, savings association, or credit union regarding compliance with the provisions of this title, except in response to a complaint (or if the agency otherwise has knowledge) that the bank, savings association, or credit union has violated a provision of this title, in which case, the agency may conduct an examination as necessary to investigate the complaint. If an agency determines during an investigation in response to a complaint that a violation of this title has occurred, the agency may, during its next 2 regularly scheduled examinations of the bank, savings association, or credit union, examine for compliance with this title.”.