usc 15 § 1681n

Civil liability for willful noncompliance (COMMERCE AND TRADE (15 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 9/13/2026FederalAffordable Housing Programs

Operative Text

usc 15 § 1681n
Any person who 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—

any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

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

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.

Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney’s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between , and , but otherwise complied with the requirements of  for such receipt shall not be in willful noncompliance with  by reason of printing such expiration date on the receipt.
Source: Legislative text reproduced verbatim
Plain English

Under 15 U.S.C. § 1681n, when a person or entity willfully violates the Fair Credit Reporting Act's requirements, they can be held financially responsible to the affected consumer for actual damages or a statutory amount ranging from $100 to $1,000, plus potential punitive damages. If someone obtains a consumer report through false pretenses or without a permissible purpose, the liability floor rises to $1,000 or actual damages, whichever is greater, and the consumer reporting agency itself may also recover damages. Courts may additionally award attorney's fees and costs to a prevailing party, and can impose fee sanctions against parties who file bad-faith or harassing pleadings in connection with these claims.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers who pull tenant consumer reports—such as credit checks during the application process—must ensure they have a permissible purpose under the FCRA before doing so, as 15 U.S.C. § 1681n imposes civil liability for willful violations. Compliant operators typically document the specific permissible purpose for each report request, use only authorized consumer reporting agencies, and maintain clear records of applicant authorizations. Operators who obtain reports under false pretenses or without a legitimate purpose face heightened exposure, including statutory damages of at least $1,000 per violation and potential punitive damages.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 15 U.S.C. § 1681n, consumers whose rights under the Fair Credit Reporting Act have been willfully violated may be entitled to seek statutory damages, actual damages, punitive damages, and attorney's fees through a civil action. If a landlord or other party pulled your consumer report without a permissible purpose or under false pretenses, this provision provides a potential avenue for financial recovery. Tenants who believe their FCRA rights have been violated can explore options such as filing a complaint with the Consumer Financial Protection Bureau, contacting a tenant-rights organization, or consulting with a consumer-law attorney to understand what remedies may be available.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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Fetched:Sep 13, 2026, 12:21 PM UTC