US Code

Public Law 119-73 (01/23/2026)

15 U.S.C. § 1681o

Civil liability for negligent noncompliance

(a)

In general

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)

Attorney’s fees

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.

Pub. L. 90–321, title VI, § 617Pub. L. 91–508, title VI, § 60184 Stat. 1134Pub. L. 104–208, div. A, title II, § 2412(d)110 Stat. 3009–446Pub. L. 108–159, title VIII, § 811(e)117 Stat. 2012(, as added , , ; amended , (e)(2), , , 3009–447; , , .)

Editorial Notes

Amendments

Pub. L. 108–1592003—Subsec. (a)(1). inserted “and” after semicolon at end.

Pub. L. 104–208, § 2412(d)1996—Subsec. (a). , designated existing provisions as subsec. (a), inserted heading, and substituted “Any person who” for “Any consumer reporting agency or user of information which”.

Pub. L. 104–208, § 2412(e)(2)Subsec. (b). , added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–159section 3 of Pub. L. 108–159section 1681 of this titleAmendment by subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–208section 2420 of Pub. L. 104–208section 1681a of this titleAmendment by effective 365 days after , with special rule for early compliance, see , set out as a note under .

Effective Date

section 504(d) of Pub. L. 90–321Pub. L. 91–508section 1681 of this titleSection effective upon the expiration of one hundred and eighty days following , see , as added by , set out as a note under .