42 U.S.C. § 669a: Nonliability for financial…

Summary

Banks and similar firms won't be held responsible under federal or state law for giving a person's financial records to a state child support agency that is trying to set up, change, or enforce child support. The same protection covers giving records to the Federal Parent Locator Service under section 666(a)(17)(A). A state child support agency may only share those records as needed to handle the child support case. If a state worker shares a financial record in ways that break the rule, and does so knowingly or by negligence, the person whose record it is can sue in federal court. No penalty applies if the worker made a good-faith but mistaken reading of the rule. If the worker is found liable, the worker must pay the larger of $1,000 per unlawful disclosure or the person’s actual losses (plus punitive damages for willful or grossly negligent acts), and must also pay court costs and lawyer fees. "Financial institution" means banks, credit unions, insurers, safe-deposit companies, money-market funds, benefit associations, and similar entities. "Financial record" is defined in 12 U.S.C. 3401.

Title 42, §669a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title.

(b)Prohibition of disclosure of financial record obtained by State child support enforcement agency

A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

(c)Civil damages for unauthorized disclosure

(1)Disclosure by State officer or employee

If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States.

(2)No liability for good faith but erroneous interpretation

No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b).

(3)Damages

In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of— (A)

(B)the costs (including attorney’s fees) of the action.

(d)Definitions

For purposes of this section

(1) Financial institution

(2)Financial record

The term “financial record” has the meaning given such term in section 3401 of title 12.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–200 inserted “, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

For

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of section, see section 395(a)–(c) of Pub. L. 104–193, set out as an

Effective Date

of 1996 Amendment note under section 654 of this title.

§669a Nonliability for Financial Institutions Providing Financial Records to State Child Support Enforcement Agencies in Child Support Cases

Summary

Title 42, §669a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata