12 USC 3417 - Civil penalties

U.S Code last checked for updates: Nov 22, 2024

§ 3417.

Civil penalties

(a)

Liability of agencies or departments of United States or financial institutions

Any agency or department of the United States or financial institution obtaining or disclosing financial records or information contained therein in violation of this chapter is liable to the customer to whom such records relate in an amount equal to the sum of—

(1)

$100 without regard to the volume of records involved;

(2)

any actual damages sustained by the customer as a result of the disclosure;

(3)

such punitive damages as the court may allow, where the violation is found to have been willful or intentional; and

(4)

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

(b)

Disciplinary action for willful or intentional violation of chapter by agents or employees of department or agency

(c)

Good faith defense

(d)

Exclusive judicial remedies and sanctions

(Pub. L. 95–630, title XI, § 1117, Nov. 10, 1978, 92 Stat. 3708; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 100–690, title VI, § 6186(d), Nov. 18, 1988, 102 Stat. 4358.)

cite as: 12 USC 3417