Ch. 110                                     1993 LAWS OF MARYLAND

Article - Commercial Law

14-1213.

(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 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)     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.

'(c) A 'person who furnishes information to a consumer reporting agency or a user
of information has no liability under this [section] SUBTITLE for any failure to comply
with any requirement imposed under this subtitle with respect to any consumer if, within
30 days after discovering such failure to comply and prior to institution of an action under
this subtitle or the receipt of written notice of the failure to comply from the consumer,
such person or user notifies the consumer of the failure to comply and makes whatever
adjustments are necessary to correct the noncompliance.

(d)     A person who furnishes information to a consumer reporting agency or a user
of information has no liability under this [section] SUBTITLE for any failure to comply
with any requirement imposed under this subtitle where such person or user:

(1)     Unintentionally and in good faith fails to comply with any requirement
imposed under this subtitle; and

(2)     Makes whatever adjustments are necessary to correct the noncompliance
within 30 days after such person or user receives written notice of the failure.

(e)     A person who furnishes information to a consumer reporting agency or a user
of information may not be held liable in an action brought under this [section]
SUBTITLE for any failure to comply with any requirement imposed under this subtitle if
such person or user shows by a preponderance of the evidence that the failure to comply
was unintentional and resulted from a bona fide error, notwithstanding the maintenance
of procedures reasonably adapted to avoid any such error.

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