Effective - 28 Aug 2008
407.1384. Agency liability for failure to comply, damages and equitable relief. — 1. Any consumer credit reporting agency that knowingly fails to comply with the provisions of sections 407.1380 to 407.1384 shall be liable to the consumer who is subject to the credit report in an amount equal to:
(1) Any actual damages sustained by the consumer due to such failure; and
(2) Any court costs and fees assessed in maintaining the action, as well as reasonable attorney's fees.
2. In addition to the foregoing monetary sums, a court, upon request of the damaged consumer, shall award such equitable relief as may be necessary to restore the damaged consumer's credit and to discourage future violations of sections 407.1380 to 407.1384 by the consumer credit reporting agency.
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(L. 2008 H.B. 1384 and H.B. 2157)