Terms Used In Vermont Statutes Title 9 Sec. 2480f

  • agency: means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a credit report to another person. See
  • Consumer: means a natural person other than a protected consumer. See
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See

§ 2480f. Violations

(a) A violation of this subchapter or rules adopted under this subchapter is deemed to be a violation of section 2453 of this title. This section shall not be construed to limit a credit reporting agency‘s liability under any other law.

(b) A consumer aggrieved by a violation of this subchapter or rules adopted under this subchapter may bring an action in Superior Court for the consumer’s damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees. In the case of a violation by a credit reporting agency, or in the case of a willful violation by any person, the court, in addition, may issue an award for the consumer’s actual damages or $100.00, whichever is greater. In considering the amount of punitive damages, the court may consider, among other relevant factors:

(1) the extent to which a credit reporting agency failed to consider relevant information provided by the consumer during any reinvestigation of information in the consumer’s file; and

(2) the extent to which a credit reporting agency maintained and complied with procedures designed to ensure compliance with the requirements of this subchapter.

(c) The Attorney General has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to any alleged violations of this subchapter as is provided under subchapter 1 of this chapter. (Added 1991, No. 246 (Adj. Sess.), § 1.)