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Texas Business & Commerce Code - Section 20.09. Civil Liability

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 20.09. Civil Liability

§ 20.09. CIVIL LIABILITY.  (a) A consumer reporting 
agency that wilfully violates this chapter is liable to the 
consumer against whom the violation occurs for the greater of three 
times the amount of actual damages to the consumer or $1,000, 
reasonable attorney fees, and court or arbitration costs.
	(b)  A consumer reporting agency that negligently violates 
this chapter is liable to the consumer against whom the violation 
occurs for the greater of the amount of actual damages to the 
consumer or $500, reasonable attorney fees, and court or 
arbitration costs.  A consumer reporting agency is not considered 
to have negligently violated this chapter if, not later than the 
30th day after the date on which the agency receives notice of a 
dispute from the consumer under Section 20.06 that clearly explains 
the nature and substance of the dispute, the agency completes the 
reinvestigation and sends the consumer and, at the request of the 
consumer, each person who received the consumer information written 
notification of the results of the reinvestigation in accordance 
with Section 20.06(f).
	(c)  In addition to liability imposed under Subsection (a), a 
consumer reporting agency that does not correct a consumer's file 
and consumer report before the 10th day after the date on which a 
judgment is entered against the agency because of inaccurate 
information contained in a consumer's file is also liable for 
$1,000 a day until the inaccuracy is corrected.

Added by Acts 1997, 75th Leg., ch. 1396, § 33(a), eff. Oct. 1, 
1997.     

Last modified: August 10, 2007