§ 6-48-7 - Violations; Penalties.
SECTION 6-48-7
§ 6-48-7 Violations; Penalties. – (a) Any person who willfully fails to comply with any requirement imposed underthis chapter with respect to any consumer is liable to that consumer in anamount equal to the sum of:
(1) Any actual damages sustained by the consumer as a resultof the failure or damages of not less than one hundred dollars ($100) and notmore than one thousand dollars ($1,000); or
(2) Such amount of punitive damages as the court allows; and
(3) In the case of any successful action to enforce anyliability under this section, the costs of the action together with reasonableattorneys' fees as determined by the court.
(b) Any person who obtains a consumer report, requests asecurity freeze, requests the temporary lift of a freeze, or the removal of asecurity freeze from a consumer reporting agency under false pretenses or in anattempt to violate federal or state law shall be liable to the consumerreporting agency for actual damages sustained by the consumer reporting agencyor one thousand dollars ($1,000), whichever is greater.
(c) Any person who is negligent in failing to comply with anyrequirement imposed under this chapter with respect to any consumer is liableto that consumer in an amount equal to the sum of:
(1) Any actual damages sustained by the consumer as a resultof the failure and;
(2) In the case of any successful action to enforce anyliability under this section, the costs of the action together with reasonableattorneys' fees as determined by the court.
(d) Upon a finding by the court that an unsuccessfulpleading, motion, or other paper filed in connection with an action under thischapter was filed in bad faith or for the purposes of harassment, the courtshall award to the prevailing party attorneys' fees reasonable in relation tothe work expended in responding to the pleading, motion, or other paper.