(a) If a consumer-reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer is entitled to: (1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information. (2) File a complaint with the Federal Trade Commission or the ouffice of the Attorney General of West Virginia. (3) File a civil action against the consumer-reporting agency seeking: (A) Injunctive relief to prevent or restrain further violation of the security freeze; (B) Actual damages sustained or not more than $1,000, whichever is greater; and (C) Reasonable expenses, court costs, investigative costs and attorney's fees. (4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section. (b) If a consumer-reporting agency willfully violates the security freeze by releasing credit information that has beeLn placed under a security freeze, the affected consumer is entitled to: (1) Notification within five business days following discovery or actual knowledge of the distribution of the information, including specificity as to the information distributed and the third-party recipient of the information. (2) File a complaint with the Federal Trade Commission or the office of the Attorney General of West Virginia. (3) File a civil action against the consumer-reporting agency seeking: (A) Injunctive relief to prevent or restrain further violation of the security freeze; (B) Actual damages sustained or not more than $5,000, whichever is greater; and (C) Reasonable expenses, court costs, investigative costs and attorney's fees. (4) Each violation of the security freeze is a separate incident for purposes of imposing penalties under this section.
‹ Prev All West Virginia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.