813. Civil liability
[15 USC 1692k]
(a) Except as otherwise provided by this section,
any debt collector who fails to comply with any provision of
this title with respect to any person is liable to such person
in an amount equal to the sum of --
(1) any actual damage sustained by such person
as a result of such failure;
(2) (A) in the case of any action by an individual,
such additional damages as the court may allow, but not exceeding
$1,000; or
(B) in the case of a class action, (i) such
amount for each named plaintiff as could be recovered under
subparagraph (A), and (ii) such amount as the court may allow
for all other class members, without regard to a minimum individual
recovery, not to exceed the lesser of $500,000 or 1 per centum
of the net worth of the debt collector; and
(3) in the case of any successful action to
enforce the foregoing liability, the costs of the action, together
with a reasonable attorney's fee as determined by the court.
On a finding by the court that an action under this section
was brought in bad faith and for the purpose of harassment,
the court may award to the defendant attorney's fees reasonable
in relation to the work expended and costs.
(b) In determining the amount of liability
in any action under subsection (a), the court shall consider,
among other relevant factors --
(1) in any individual action under subsection
(a)(2)(A), the frequency and persistence of noncompliance by
the debt collector, the nature of such noncompliance, and the
extent to which such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B),
the frequency and persistence of noncompliance by the debt collector,
the nature of such noncompliance, the resources of the debt
collector, the number of persons adversely affected, and the
extent to which the debt collector's noncompliance was intentional.
(c) A debt collector may not be held liable
in any action brought under this title if the debt collector
shows by a preponderance of evidence that the violation was
not intentional and resulted from a bona fide error notwithstanding
the maintenance of procedures reasonably adapted to avoid any
such error.
(d) An action to enforce any liability created
by this title may be brought in any appropriate United States
district court without regard to the amount in controversy,
or in any other court of competent jurisdiction, within one
year from the date on which the violation occurs.
(e) No provision of this section imposing
any liability shall apply to any act done or omitted in good
faith in conformity with any advisory opinion of the Commission,
notwithstanding that after such act or omission has occurred,
such opinion is amended, rescinded, or determined by judicial
or other authority to be invalid for any reason.
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