1568

LAWS OF MARYLAND

Ch. 584

(B)    WHENEVER CREDIT FOR PERSONAL, FAMILY, OR
HOUSEHOLD PURPOSES INVOLVING A CONSUMER IS DENIED OR THE
CHARGE FOR CREDIT IS INCREASED EITHER WHOLLY OR PARTLY
BECAUSE OF INFORMATION OBTAINED FROM A PERSON OTHER THAN
A CONSUMER REPORTING AGENCY BEARING UPON THE CONSUMER'S
CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY,
CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS,
OR MODE OF LIVING, THE USER OF THE INFORMATION SHALL,
WITHIN A REASONABLE PERIOD OF TIME, UPON THE CONSUMER'S
WRITTEN REQUEST FOR THE REASONS FOR THE ADVERSE ACTION
RECEIVED WITHIN SIXTY DAYS AFTER LEARNING OF THE ADVERSE
ACTION DISCLOSE THE NATURE OF THE INFORMATION TO THE
CONSUMER. THE USER OF THE INFORMATION SHALL CLEARLY AND
ACCURATELY DISCLOSE TO THE CONSUMER HIS RIGHT TO MAKE THE
WRITTEN REQUEST AT THE TIME THE ADVERSE ACTION IS
COMMUNICATED TO THE CONSUMER.

(C)    A PERSON MAY NOT BE HELD LIABLE FOR ANY
VIOLATION OF THIS SECTION IF HE SHOWS BY A PREPONDERANCE
OF THE EVIDENCE THAT AT THE TIME OF THE ALLEGED VIOLATION
HE MAINTAINED REASONABLE PROCEDURES TO ASSURE COMPLIANCE
WITH THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF THIS
SECTION.

14-1213. CIVIL LIABILITY.

(A)    ANY CONSUMER REPORTING AGENCY OR USER OF
INFORMATION WHICH WILFULLY FAILS TO COMPLY WITH ANY
REQUIREMENT IMPOSED UNDER THIS SUBTITLE WITH RESPECT TO
ANY CONSUMER IS LIABLE TO THAT CONSUMER IN AN AMOUNT
EQUAL TO THE SUM OF

(1)    ANY ACTUAL DAMAGES SUSTAINED BY THE
CONSUMER AS A RESULT OF THE FAILURE;

(2)    SUCH AMOUNT OF PUNITIVE DAMAGES AS THE
COURT MAY ALLOW; AND

(3)    IN THE CASE OF ANY   SUCCESSFUL ACTION     TO
ENFORCE ANY LIABILITY UNDER THIS   SECTION, THE COSTS   OF
THE ACTION TOGETHER WITH REASONABLE      ATTORNEY'S FEES      AS
DETERMINED BY THE COURT.

(B)    ANY CONSUMER REPORTING AGENCY OR USER OF
INFORMATION WHICH IS NEGLIGENT IN FAILING TO COMPLY WITH
ANY REQUIREMENT IMPOSED UNDER THIS SUBTITLE WITH RESPECT
10 ANY CONSUMER IS LIABLE TO THAT CONSUMER IN AN AMOUNT
EQUAL TO THE SUM OF

(1)    ANY ACTUAL DAMAGES SUSTAINED BY THE
CONSUMER AS A RESULT OF THE FAILURE;

(2)    IN THE CASE OF ANY   SUCCESSFUL ACTION TO
ENFORCE ANY LIABILITY UNDER THIS   SECTION, THE COSTS OF
THE ACTION TOGETHER WITH REASONABLE      ATTORNEY'S FEES AS
DETERMINED BY THE COURT.