(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.
(Added by Stats. 1990, Ch. 842, Sec. 2.)