Legislation
SECTION 380-L
Civil liability for willful noncompliance
General Business (GBS) CHAPTER 20, ARTICLE 25
§ 380-l. Civil liability for willful noncompliance. Any person, firm,
partnership, corporation, or association whose knowing and willful
violation of section three hundred eighty-s of this article resulted in
the transmission or provision to a consumer reporting agency of
information that would otherwise not have been transmitted or provided,
and any consumer reporting agency or user of information who or which
willfully and knowingly fails to comply with any requirement imposed
under this article with respect to any consumer is liable to that
consumer in an amount equal to the sum of:
(a) Any actual damages sustained by the consumer as a result of such
failure or as a result of a violation of section three hundred eighty-s
of this article;
(b) Such amount of punitive damages as the court may allow; and
(c) In the case of any successful action to enforce any liability
under this section, the costs of the action together with reasonable
attorney's fees as determined by the court.
partnership, corporation, or association whose knowing and willful
violation of section three hundred eighty-s of this article resulted in
the transmission or provision to a consumer reporting agency of
information that would otherwise not have been transmitted or provided,
and any consumer reporting agency or user of information who or which
willfully and knowingly fails to comply with any requirement imposed
under this article with respect to any consumer is liable to that
consumer in an amount equal to the sum of:
(a) Any actual damages sustained by the consumer as a result of such
failure or as a result of a violation of section three hundred eighty-s
of this article;
(b) Such amount of punitive damages as the court may allow; and
(c) In the case of any successful action to enforce any liability
under this section, the costs of the action together with reasonable
attorney's fees as determined by the court.