California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.6 — Consumer Credit Reporting Agencies Act, Chapter 2 — Obligations of Consumer Credit Reporting Agencies, Section 1785.19

(a) In addition to any other remedy provided by law, a consumer may bring an action for a civil penalty, not to exceed two thousand five hundred dollars ($2,500), against any of the following:

(1) A person who knowingly and willfully obtains access to a file other than as provided in Section 1785.11.

(2) Any person who knowingly and willfully obtains data from a file other than as provided in Section 1785.11.

(3) A person who uses the data received from a file in a manner contrary to an agreement with the consumer credit reporting agency.

Such an action may also be brought by the person or entity responsible for the file accessed. This remedy is in addition to any other remedy which may exist.

(b) If a plaintiff prevails in an action under subdivision (a) he or she shall be awarded the civil penalty, costs, and reasonable attorney fees.

Notes

Allows a consumer, in addition to other remedies, to seek up to $2,500 in civil penalties against anyone who knowingly and willfully improperly accesses a credit file or data, or uses file data contrary to an agency agreement; the responsible file owner may also sue. A prevailing plaintiff receives the civil penalty, costs, and reasonable attorney fees.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1785.19 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-6/chapter-2/section-1785-19

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