West Virginia Code 46A-6L-104 – Violations; penalties
(a) If a consumer-reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:
Terms Used In West Virginia Code 46A-6L-104
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.
(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.
(3) File a civil action against the consumer-reporting agency seeking:
(A) Injunctive relief to prevent or restrain further violation of the security freeze;
(B) Actual damages sustained or not more than $1,000, whichever is greater; and
(C) Reasonable expenses, court costs, investigative costs and attorney's fees.
(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.
(b) If a consumer-reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:
(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.
(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.
(3) File a civil action against the consumer-reporting agency seeking:
(A) Injunctive relief to prevent or restrain further violation of the security freeze;
(B) Actual damages sustained or not more than $5,000, whichever is greater; and
(C) Reasonable expenses, court costs, investigative costs and attorney's fees.
(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.