1.    If a consumer reporting agency erroneously releases a consumer’s credit file or any information derived from the file, the consumer reporting agency shall send written notification to the affected consumer within five business days following discovery or notification of the erroneous release, including specificity as to the information released and the third-party recipient of the information. In addition, the affected consumer in a civil action against the consumer reporting agency may recover:

Terms Used In North Dakota Code 51-33-13

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

a.    Injunctive relief to prevent or restrain further violation of the security freeze;     b.    The greater of actual damages or two thousand dollars in civil penalties for each violation; and

c.    Reasonable expenses, court costs, investigative costs, and attorney’s fees.

2.    Each violation of the security freeze shall be counted as a separate incident for purposes of imposing penalties under this section.