Identity Theft in Oregon
Identity Theft in Oregon
OregonIdentityTheft.com


Information about identity theft in Oregon presented by the consumer lawyers of Baxter & Baxter, LLP.*

*The information provided on this website is intended as general information for the public and for advertising purposes. It is not intended as legal advice. If you believe you need legal representation or advice, please contact Baxter & Baxter, LLP.

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Fair Credit Reporting Act

Sec. 1681o. Civil liability for negligent noncompliance


(a) In general
Any person who is negligent in failing 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) any actual damages sustained by the consumer as a result of
the failure; and
(2) 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) Attorney's fees
On 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
2003 - Subsec. (a)(1). Pub. L. 108-159 inserted "and" after
semicolon at end.
1996 - Subsec. (a). Pub. L. 104-208, Sec. 2412(d), designated
existing provisions as subsec. (a), inserted heading, and
substituted "Any person who" for "Any consumer reporting agency or
user of information which".
Subsec. (b). Pub. L. 104-208, Sec. 2412(e)(2), added subsec. (b).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-159 subject to joint regulations
establishing effective dates as prescribed by Federal Reserve Board
and Federal Trade Commission, except as otherwise provided, see
section 3 of Pub. L. 108-159, set out as a note under section 1681
of this title.
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.

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Statute text updated March 2007.