Oklahoma § 24-159 - Failure to comply - Use of false pretenses - Penalties

§ 24-159. Failure to comply - Use of false pretenses - Penalties

A. Any person who willfully fails to comply with any

requirement imposed under the provisions of this act 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; and

2. In the case of any successful action to enforce any

liability under the provisions of this act, the costs of the action

together with reasonable attorney fees as determined by the court.

Oklahoma Statutes - Title 24. Debtor and Creditor

B. Any person who obtains a consumer report, requests a

security freeze, or requests the temporary lift of a security freeze

or the removal of a security freeze from a consumer reporting agency

under false pretenses or in an attempt to violate federal or state

law shall be liable to the consumer reporting agency for actual

damages sustained by the consumer reporting agency or One Thousand

Dollars ($1,000.00), whichever is greater.

C. Any person who is negligent in failing to comply with any

requirement imposed under this act 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; and

2. In the case of any successful action to enforce any

liability under this section, the costs of the action together with

reasonable attorney fees as determined by the court.

D. Upon a finding by the court that an unsuccessful pleading,

motion, or other paper filed in connection with an action under the

provisions of this section was filed in bad faith or for purposes of

harassment, the court shall award to the prevailing party reasonable

attorney fees in relation to the work expended in responding to the

pleading, motion, or other paper.

Added by Laws 2006, c. 283, § 11, eff. Jan. 1, 2007.