The Center For Debt Management
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TITLE 15–COMMERCE AND TRADE

CHAPTER 41–CONSUMER CREDIT PROTECTION

Sub Chapter&nbspII-A –Credit Repair Organizations

Sec. 1679g. Civil liability
(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 damages

The 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.

    (2) Punitive damages

   (A) Individual actions

            In the case of any action by an individual, such additional 
        amount as the court may allow.

 (B) Class actions

     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.

(3) Attorneys' fees

        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.

(b) Factors to be considered in awarding punitive damages

    In determining the amount of any liability of any credit repair 
organization under subsection (a)(2) of this section, 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.

(Pub. L. 90-321, title IV, Sec. 409, as added Pub. L. 104-208, div. A, 
title II, Sec. 2451, Sept. 30, 1996, 110 Stat. 3009-459.)

      Section Referred to in Other Sections

    This section is referred to in section 1679h of this title.
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