§ 8A-274. Provisions as to liability.

No consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency based on information disclosed pursuant to ordinance Section 8A-272 except as to false information furnished with malice or willful intent to injure such consumer, and then only to the same extent and under the same circumstances as provided for by Title 15, U.S.C., Section 1681n and Section 1681o, which are incorporated herein by reference, to wit:

"Civil liability for willful noncompliance.

Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—

(1)

any actual damages sustained by the consumer as a result of the failure;

(2)

such amount of punitive damages as the court may allow; and

(3)

in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

"Civil liability for negligent noncompliance.

Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—

(1)

any actual damages sustained by the consumer as a result of the failure;

(2)

in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court."

(Ord. No. 75-51, § 4, 7-2-75)

Editor's note

Ord. No. 75-51, § 4, repealed former § 8A-274, relative to restrictions on field representatives, and enacted in lieu thereof a new § 8A-274 as herein set out. Former § 8A-274 was derived from Ord. No. 74-55, § 4, adopted July 2, 1974, and Ord. No. 74-87, § 4, adopted Oct. 15, 1974.