Current as of: February 2010 (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.Legislative History ________________________________________________________________________
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