42 U.S.C. § 669a | Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases

(a)

In general

section 666(a)(17)(A) of this titleNotwithstanding 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 .

(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)

the greater of—

(i)

$1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or

(ii)

the sum of—

(I)

the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus

(II)

in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus

(B)

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

(d)

Definitions

For purposes of this section—

(1)

Financial institution

The term “financial institution” means—

(A)

section 1813(c) of title 12 a depository institution, as defined in ;

(B)

section 1813(u) of title 12 an institution-affiliated party, as defined in ;

(C)

section 1752 of title 12 section 1786(r) of title 12 any Federal credit union or State credit union, as defined in , including an institution-affiliated party of such a credit union, as defined in ; and

(D)

any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.

(2)

Financial record

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

Aug. 14, 1935, ch. 531 Pub. L. 104–193, title III, § 353Aug. 22, 1996110 Stat. 2240 Pub. L. 105–200, title IV, § 406(c)July 16, 1998112 Stat. 672 (, title IV, § 469A, as added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 105–200 section 666(a)(17)(A) of this title1998—Subsec. (a). inserted “, or for disclosing any such record to the Federal Parent Locator Service pursuant to ” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–193 section 654 of this titleFor effective date of section, see section 395(a)–(c) of , set out as an Effective Date of 1996 Amendment note under .