Landmark Publications

Fair Credit Reporting ACT Landmark Publications

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Credit Reporting Act. * * * The FCRA provides for civil liability in 15 U. S. C. §§ 1681n and 1681o. Whether the violation was willful or negligent dictates the type of damages awarded. If a violation is willful, the defendant is subject to punitive damages. 15 U. S. C. § 1681n. However, if a plaintiff fails to show that the violations are willful, a defendant will only be held liable for the plaintiff's actual damages. See 15 U. S. C. § 1681o. If a plaintiff fails to demonstrate willfulness and actual damages, the claim must fail. According to section 1681n, a defendant commits a willful violation and is subject to punitive damages only if it engages in "willful misrepresentations or concealments." 15 U. S. C. § 1681n(a)(2); see also Stevenson v. TRW, Inc., 987 F.2d 288, 294 (5th Cir. 1993) (quoting Pinner v. Schmidt, 805 F.2d 1258, 1263 (5th Cir. 1986)). Noncompliance is considered willful when the defendant "knowingly and intentionally committed an act in conscious disregard for the rights of others." Pinner, 805 F.2d at 1263. A failure to adequately investigate and swiftly correct inaccurate information generally does not constitute a willful violation. See id. at 1262-63. Cameron v. Greater New Orleans Federal Credit Union, (5th Cir. 2018)