1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 25: Fair Credit Reporting Act


Section 380-L Civil liability for willful noncompliance

General Business (GBS)

Any person, firm, partnership, corporation, or association whose knowing and willful violation of section three hundred eighty-s of this article resulted in the transmission or provision to a consumer reporting agency of information that would otherwise not have been transmitted or provided, and any consumer reporting agency or user of information who or which willfully and knowingly fails to comply with any requirement imposed under this article with respect to any consumer is liable to that consumer in an amount equal to the sum of:

  (a) Any actual damages sustained by the consumer as a result of such failure or as a result of a violation of section three hundred eighty-s of this article;

  (b) Such amount of punitive damages as the court may allow; and

  (c) 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.