407.1384. Agency liability for failure to comply, damages and equitable relief.
Agency liability for failure to comply, damages and equitable relief.
407.1384. 1. Any consumer credit reporting agency that knowinglyfails to comply with the provisions of sections 407.1380 to 407.1384 shallbe liable to the consumer who is subject to the credit report in an amountequal to:
(1) Any actual damages sustained by the consumer due to such failure;and
(2) Any court costs and fees assessed in maintaining the action, aswell as reasonable attorney's fees.
2. In addition to the foregoing monetary sums, a court, upon requestof the damaged consumer, shall award such equitable relief as may benecessary to restore the damaged consumer's credit and to discourage futureviolations of sections 407.1380 to 407.1384 by the consumer creditreporting agency.
(L. 2008 H.B. 1384 and H.B. 2157)