The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Identify Theft Violations

Reference Number: MTAS-1585
Tennessee Code Annotated
Reviewed Date: October 23, 2017
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The Federal Trade Commission is authorized to commence action in a federal district court in the event of a knowing violation of FACTA.

Civil liability for willful noncompliance – (a) In general. Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:

  • any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
  • in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; or 
  • such amount of punitive damages as the court may allow; and
  • 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.

Civil penalties for violations are capped at $2,500 per offense.

For municipalities that pull consumer reports of customers, failure to comply with the address discrepancy regulations subjects violators to penalties not exceeding $1,000.

Helpful Links
Fair and Accurate Credit Transactions Act of 2003 (complete text): www.gpo.gov/fdsys/pkg/PLAW-108publ159/pdf/PLAW-108publ159.pdf or https://www.federalregister.gov/articles/2007/11/09/07-5453/identity-theft-red-flags-and-address-discrepancies-under-the-fair-and-accurate-credit-transactions

Fair Credit Reporting Act: http://www.ftc.gov/os/statutes/031224fcra.pdf and www.pdf-0111-fair-credit-reporting-act.pdf.

Federal Trade Commission: http://www.ftc.gov

Responsible: