Current through 2024 First Special Session
Section 46A-6L-104 - Violations; penalties(a) If a consumer-reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to: (1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.(3) File a civil action against the consumer-reporting agency seeking:(A) Injunctive relief to prevent or restrain further violation of the security freeze;(B) Actual damages sustained or not more than one thousand dollars, whichever is greater; and(C) Reasonable expenses, court costs, investigative costs and attorney's fees.(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.(b) If a consumer-reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to:(1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information.(2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia.(3) File a civil action against the consumer-reporting agency seeking:(A) Injunctive relief to prevent or restrain further violation of the security freeze;(B) Actual damages sustained or not more than five thousand dollars, whichever is greater; and(C) Reasonable expenses, court costs, investigative costs and attorney's fees.(4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.