Arizona Laws 44-1695. Liability
A. A consumer reporting agency or information source is not liable to any consumer resulting from:
Terms Used In Arizona Laws 44-1695
- Consumer: means an individual. See Arizona Laws 44-1691
- Consumer report: means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes, or (b) employment purposes, or (c) other purposes authorized under section 44-1692. See Arizona Laws 44-1691
- Consumer reporting agency: means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information on consumers for the purpose of furnishing consumer reports to third parties. See Arizona Laws 44-1691
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
1. Reporting inaccurate information corrected in compliance with sections 44-1694 and 44-1698 except as provided in this section.
2. Failing to lift a security freeze pursuant to section 44-1698, subsection G.
B. A consumer reporting agency is liable for any damages and attorney fees and court costs that are incurred by a consumer and that result from reporting of inaccurate information that a consumer reporting agency refuses to correct as provided in section 44-1694.
C. Any consumer reporting agency, user of information or source of information that is grossly negligent in the use or preparation of a consumer report or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, punitive damages and attorney fees and court costs. If a consumer reporting agency prepares a consumer report, the consumer reporting agency shall follow reasonable procedures to ensure the maximum possible accuracy of the information relating to the consumer who is the subject of the consumer report.
D. Under section 44-1698, any consumer reporting agency that is grossly negligent or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, attorney fees and court costs for the following:
1. Failing to implement a security freeze.
2. Releasing a credit report or credit score if a security freeze has been placed by the consumer.
3. Failing to remove a security freeze at the consumer’s request.