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Title 15 — Commerce and TradeRelease 119-73not60

§1681o Civil Liability for Negligent Noncompliance

Title 15 › Chapter 41— CONSUMER CREDIT PROTECTION › Subchapter III— CREDIT REPORTING AGENCIES › § 1681o

Last updated Apr 3, 2026|Official source

Summary

If someone is careless and breaks the rules in this part when dealing with a consumer, the consumer can sue and get paid for any real losses caused by that carelessness. If the consumer wins, the court must also make the other side pay the lawsuit costs and reasonable lawyer fees set by the judge. If the court finds a losing claim, motion, or paper was filed in bad faith or to harass, the court must make the filer pay the winner’s lawyer fees for the work spent 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 3, 2026

Release point: 119-73not60