Sec. 1681n. Civil liability for willful noncompliance

(a) In general
Any person who willfully fails to comply with any requirement
imposed under this subchapter with respect to any consumer is
liable to that consumer in an amount equal to the sum of -
(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;
(2) such amount of punitive damages as the court may allow; and
(3) 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.
(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.
(c) Attorney's fees
Upon 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.

AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-208, Sec. 2412(a), designated
existing provisions as subsec. (a), inserted heading, and in
introductory provisions substituted "Any person who" for "Any
consumer reporting agency or user of information which".
Subsec. (a)(1). Pub. L. 104-208, Sec. 2412(b), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "any
actual damages sustained by the consumer as a result of the
failure;".
Subsec. (b). Pub. L. 104-208, Sec. 2412(c), added subsec. (b).
Subsec. (c). Pub. L. 104-208, Sec. 2412(e)(1), added subsec. (c).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 effective 365 days after Sept. 30,
1996, with special rule for early compliance, see section 2420 of
Pub. L. 104-208, set out as a note under section 1681a of this
title.
CONSTRUCTION
Pub. L. 108-159, title III, Sec. 312(f), Dec. 4, 2003, 117 Stat.
1993, provided that: "Nothing in this section, the amendments made
by this section, or any other provision of this Act [see Short
Title of 2003 Amendment note set out under section 1601 of this
title] shall be construed to affect any liability under section 616
or 617 of the Fair Credit Reporting Act (15 U.S.C. 1681n, 1681o)
that existed on the day before the date of enactment of this Act
[Dec. 4, 2003]."