(1)A consumer reporting agency that willfully violates
this article 18 or the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681c, as
amended, is liable for three times the amount of actual damages or one thousand
dollars, whichever is greater, for a violation of section 5-18-112 or 5-18-112.5, or for
each inaccurate or unblocked entry in the consumer's or protected consumer's file
that was disputed or alleged to be unauthorized in accordance with section 5-18-111
by the consumer, protected consumer, or protected consumer's representative,
plus reasonable attorney fees and costs.
(2)(a) A consumer reporting agency that negligently violates this article 18
or the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681c, as amended, is liable
for the greater of actual damages
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(1) A consumer reporting agency that willfully violates
this article 18 or the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681c, as
amended, is liable for three times the amount of actual damages or one thousand
dollars, whichever is greater, for a violation of section 5-18-112 or 5-18-112.5, or for
each inaccurate or unblocked entry in the consumer's or protected consumer's file
that was disputed or alleged to be unauthorized in accordance with section 5-18-111
by the consumer, protected consumer, or protected consumer's representative,
plus reasonable attorney fees and costs.
(2) (a) A consumer reporting agency that negligently violates this article 18
or the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681c, as amended, is liable
for the greater of actual damages or one thousand dollars for each violation of
section 5-18-112 or 5-18-112.5, or for each inaccurate or unblocked entry in the
consumer's or protected consumer's file that was disputed or alleged by the
consumer, protected consumer, or protected consumer's representative to be
unauthorized in accordance with section 5-18-111, that affects the consumer's or
protected consumer's creditworthiness, as defined in section 5-18-103 (6), plus
reasonable attorney fees and costs if:
(I) Within thirty days after receiving notice of dispute from a consumer,
protected consumer, or protected consumer's representative in accordance with
section 5-18-110, the consumer reporting agency does not:
(A) Correct the complained of items or activities; and
(B) Send the consumer, protected consumer, or protected consumer's
representative and, upon request of the consumer, protected consumer, or
protected consumer's representative, any person who has requested the consumer
information, written notification of the corrective action, in accordance with section
5-18-110 (6), 5-18-112, or 5-18-112.5; or
(II) Within thirty days after receiving a copy of a police report alleging, or a
certified court order finding, unauthorized activity, the consumer reporting agency
does not block the information in accordance with section 5-18-111.
(b) A consumer reporting agency that negligently violates this article 18 or
the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681c, as amended, is liable
for the greater of actual damages or one thousand dollars for all violations of
section 5-18-112 or 5-18-112.5 or all inaccurate or unblocked entries in the
consumer's or protected consumer's file that were disputed or alleged by the
consumer, protected consumer, or protected consumer's representative to be
unauthorized in accordance with section 5-18-111, 5-18-112, or 5-18-112.5 and that
did not affect the consumer's or protected consumer's creditworthiness, plus
reasonable attorney fees and costs if:
(I) Within thirty days after receiving notice of dispute from a consumer,
protected consumer, or protected consumer's representative in accordance with
section 5-18-110, the consumer reporting agency does not:
(A) Correct the complained of items or activities; and
(B) Send to the consumer, protected consumer, or protected consumer's
representative and, if requested by the consumer, protected consumer, or
protected consumer's representative, to any person who has requested the
consumer information, written notification of the corrective action, in accordance
with section 5-18-110 (6), 5-18-112, or 5-18-112.5; or
(II) Within thirty days after receiving a copy of a police report alleging, or a
certified court order finding, unauthorized activity, the consumer reporting agency
does not block the information in accordance with section 5-18-111.
(3) In addition to the damages assessed under subsections (1) and (2) of this
section, if, ten days after the entry of any judgment for damages, the consumer's or
protected consumer's file is still not corrected, blocked, or frozen by the consumer
reporting agency, the assessed damages shall be increased to one thousand dollars
per day per unfrozen consumer report or record or inaccurate or unblocked entry
that remains in the consumer's or protected consumer's file until the inaccurate
entry is corrected or blocked, or the consumer report or record is frozen.