Title 15 — Commerce and TradeRelease 119-73
§1681o Civil liability for negligent noncompliance
Title 15 › Chapter CHAPTER 41— - CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER III— - CREDIT REPORTING AGENCIES › § 1681o
Summary
Someone who carelessly breaks the rules for a consumer must pay the consumer actual damages and, if the consumer wins, court costs and reasonable attorney fees; if a filing that fails was made in bad faith or to harass, the court must award the winner reasonable fees for responding.
Full Legal Text
Title 15, §1681o
Commerce and Trade — Source: USLM XML via OLRC
(a)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2003—Subsec. (a)(1). Pub. L. 108–159 inserted “and” after semicolon at end. 1996—Subsec. (a). Pub. L. 104–208, § 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, § 2412(e)(2), added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 2003 AmendmentAmendment by Pub. L. 108–159 subject to joint
Regulations
establishing
Effective Date
s 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 AmendmentAmendment 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.
Effective Date
Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.
Reference
Citations & Metadata
Citation
15 U.S.C. § 1681o
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73