§1693h. Liability of financial institutions — Inbound Citations

Citations to 15 U.S.C. § 1693h as a whole

• 15 U.S.C. § 1693c(a)(8)

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  (8) the financial institution’s liability to the consumer under section 1693h of this title;
• 15 U.S.C. § 1693m(a)

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  (a) Except as otherwise provided by this section and section 1693h of this title, any person who fails to comply with any provision of this subchapter with respect to any consumer, except for an error resolved in accordance with section 1693f of this title, is liable to such consumer in an amount equal to the sum of—

  (1) any actual damage sustained by such consumer as a result of such failure;

  (A) in the case of an individual action, an amount not less than $100 nor greater than $1,000; or

  (B) in the case of a class action, such amount as the court may allow, except that (i) as to each member of the class no minimum recovery shall be applicable, and (ii) the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same person shall not be more than the lesser of $500,000 or 1 per centum of the net worth of the defendant; 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.
• 15 U.S.C. § 1693m(c)

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  (c) Except as provided in section 1693h of this title, a person may not be held liable in any action brought under this section for a violation of this subchapter if the person 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.
• 15 U.S.C. § 1693m(e)

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  (e) A person has no liability under this section for any failure to comply with any requirement under this subchapter if, prior to the institution of an action under this section, the person notifies the consumer concerned of the failure, complies with the requirements of this subchapter, and makes an appropriate adjustment to the consumer’s account and pays actual damages or, where applicable, damages in accordance with section 1693h of this title.