2021 US Code
Title 15 - Commerce and Trade
Chapter 41 - Consumer Credit Protection
Subchapter II-A - Credit Repair Organizations
Sec. 1679g - Civil liability
| 15 U.S.C. § 1679g (2021) |
| §1679g. Civil liability |
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(a) Liability established
Any person who fails to comply with any provision of this subchapter with respect to any other person shall be liable to such person in an amount equal to the sum of the amounts determined under each of the following paragraphs: (1) Actual damagesThe greater of— (A) the amount of any actual damage sustained by such person as a result of such failure; or (B) any amount paid by the person to the credit repair organization. In the case of any action by an individual, such additional amount as the court may allow. In the case of a class action, the sum of— (i) the aggregate of the amount which the court may allow for each named plaintiff; and (ii) the aggregate of the amount which the court may allow for each other class member, without regard to any minimum individual recovery. In the case of any successful action to enforce any liability under paragraph (1) or (2), the costs of the action, together with reasonable attorneys' fees. In determining the amount of any liability of any credit repair organization under subsection (a)(2), the court shall consider, among other relevant factors— (1) the frequency and persistence of noncompliance by the credit repair organization; (2) the nature of the noncompliance; (3) the extent to which such noncompliance was intentional; and (4) in the case of any class action, the number of consumers adversely affected. |
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(Pub. L. 90–321, title IV, §409, as added Pub. L. 104–208, div. A, title II, §2451, Sept. 30, 1996, 110 Stat. 3009–459.) |
| STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section applicable after the end of the 6-month period beginning on Sept. 30, 1996, except with respect to contracts entered into by a credit repair organization before the end of such period, see section 413 of Pub. L. 90–321, as added by Pub. L. 104–208, set out as a note under section 1679 of this title. |
| United States Code, 2018 Edition, Supplement 3, Title 15 - COMMERCE AND TRADE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 15 - COMMERCE AND TRADE CHAPTER 41 - CONSUMER CREDIT PROTECTION SUBCHAPTER II-A - CREDIT REPAIR ORGANIZATIONS Sec. 1679g - Civil liability |
| section 1679g |
| 2021 |
| January 3, 2022 |
| No |
| standard |
| 110 Stat. 3009-459 |
| Public Law 90-321, Public Law 104-208 |
