Sec. 15. (a) A
consumer who suffers injury by an act of a
consumer reporting agency that violates this chapter may bring a civil action against the consumer reporting agency in a circuit or superior court in the county in which the consumer resides.
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Terms Used In Indiana Code 24-5-24-15
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- consumer: means an individual:
Indiana Code 24-5-24-1
- consumer reporting agency: means any person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a consumer report to another person. See Indiana Code 24-5-24-3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(1) The greater of:
(A) the amount of actual damages sustained by the consumer as a result of the failure to comply; or
(B) five hundred dollars ($500).
However, the amount awarded to a consumer under this subdivision may not exceed six thousand dollars ($6,000), regardless of the consumer’s actual damages.
(2) Such punitive damages as the court may allow.
(3) In the case of a successful action by a consumer under this section, the costs of the action together with reasonable attorney‘s fees as determined by the court.
As added by P.L.104-2007, SEC.1.
